1.1. Service Provider:
DARP – WORKFORCE SOLUTIONS, UNIPESSOAL LDA
NIPC: 517054787
Registered address: Rua do Astrolabio, no 48, 8 esq, 2750-300 Cascais, Portugal
(hereinafter referred to as the "Provider")
1.2. User:
Any individual or legal entity that accepts this Offer and makes a payment (hereinafter referred to as the "User"). The User represents that they have the legal capacity to enter into this Agreement. If the User is acting on behalf of a company, they represent that they have the authority to bind that company.
1.3. Professional Purpose Representation:
The User acknowledges and agrees that the Service is specifically designed, marketed, and intended exclusively for professional business use in the beauty and personal care industry (including salons and independent practitioners).
By accepting this Offer, the User hereby represents, warrants, and confirms that they are acquiring the Service solely for the purpose of carrying out their trade, business, craft, or profession.
The User explicitly acknowledges that:
The User understands that this representation is a material condition of this Agreement. If the User is found to have misrepresented their status, the Provider reserves the right to terminate this Agreement immediately and without refund, in addition to any other remedies available under applicable law.
2.1. The Provider grants the User a non-exclusive, non-transferable, revocable right to access and use the cloud-based software-as-a-service platform (hereinafter referred to as the "Service") created, developed, and operated by DARP – WORKFORCE SOLUTIONS, UNIPESSOAL LDA.
2.2. Service Description: The Service includes access to the platform, which provides customer retention analytics, automated engagement tools, and reporting dashboards. A detailed description of the Service's features and functionality is available at [insert URL] and forms an integral part of this Agreement.
2.3. The specific access points (URLs) for the Service shall be communicated to the User upon subscription activation (e.g., via a welcome email or within the User's account dashboard). The Provider may direct Users to different web addresses based on their region or technical requirements, provided that the core functionality of the Service remains unchanged.
3.1. This document is an official public offer (in accordance with Article 224 of the Portuguese Civil Code and applicable e-commerce regulations).
3.2. The User's full and unconditional acceptance of this Offer is performed by making the first subscription payment via Stripe.
3.3. Express Confirmation: By completing the payment process, the User confirms that they have read, understood, and agreed to these terms before completing the payment. The User must actively check a dedicated box (e.g., "I accept the Terms of Service") on the checkout page prior to being redirected to Stripe. If the User does not check this box, they will not be permitted to proceed with the payment.
3.4. The Agreement is considered concluded at the moment the Provider receives confirmation of the payment from Stripe.
4.1. Plan: Monthly Subscription – Customer retention service (Standard Plan).
4.2. Subscription Fee: The Subscription Fee is €150.00 (one hundred and fifty Euros) per month, exclusive of any applicable VAT. If VAT is applicable, it will be added to the invoice in accordance with applicable law (e.g., the reverse charge mechanism may apply for eligible EU B2B customers).
4.3. Payment Method: The User shall pay the Subscription Fee exclusively via Stripe (credit/debit card or other payment methods supported by Stripe). The Provider will provide a secure payment link to the User's registered email or within the User's account dashboard.
4.4. Invoicing/Receipt: The Provider will issue an electronic receipt/invoice via Stripe to the User's registered email. For the avoidance of doubt, the service described in the receipt as "Online platform DARP.AI / Customer retention service (1 month access)" refers to the same Service defined under this Agreement.
5.1. Manual Renewal (No Auto-Debit): This subscription does not automatically debit the User's payment method. The User is responsible for making the payment for each successive monthly period via the Stripe link provided.
5.2. Renewal Notification: The Provider will send a renewal notification with a secure Stripe payment link to the User's registered email 5 (five) calendar days before the current subscription period expires. It is the User's sole responsibility to complete the payment via this link by the renewal date. The Provider does not automatically charge the User's card.
5.3. Suspension for Non-Payment: If the Provider does not receive payment via Stripe by the renewal date, the Provider reserves the right to suspend or terminate access to the Service without further notice.
5.4. No Refunds: Once a paid period has commenced (i.e., payment is confirmed by Stripe), the license for that period is considered activated, and the subscription fee for that period is strictly non-refundable.
5.5. Cancellation Notice: If the User wishes to discontinue the subscription, they must notify the Provider in writing via the dashboard or by email to support@darp.ai. For the cancellation to be effective at the end of the current billing cycle, the notice must be received no later than 3 (three) calendar days before the renewal date. If such notice is not received within this timeframe, the User remains responsible for the next period's payment if they wish to continue, or they must simply not pay the renewal Stripe link.
6.1. The Provider grants the User a limited, revocable license to access the Service solely for the User's internal business operations.
6.2. The User agrees not to:
7.1. Support: The Provider will provide technical support via email at support@darp.ai during business hours (09:00 – 18:00 CET, Monday to Friday).
7.2. Uptime target: The Provider aims for 99.5% availability, excluding scheduled maintenance (which will be notified at least 48 hours in advance).
7.3. Acknowledgment: The Provider does not guarantee that the Service will be entirely uninterrupted or error-free but will use commercially reasonable efforts to maintain availability in accordance with clause 7.2.
8.1. The Provider acts as a Data Processor and the User acts as a Data Controller for any personal data submitted by the User to the platform.
8.2. The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and Portuguese Law No. 58/2019.
8.3. Data location: All data is stored within the European Union.
8.4. The Provider implements appropriate technical and organisational measures to ensure the security of processing.
8.5. Data Export and Deletion upon Termination: Upon termination, the User may request the export of their stored data. The Provider will provide the User's data in a commonly used machine-readable format (e.g., JSON or CSV) within a reasonable time following the request. Following the expiration of the 30-day grace period provided in clause 11.3, the Provider will permanently delete all User data from its active systems.
9.1. All rights, title, and interest in and to the Service, including all software, algorithms, trademarks, and trade secrets, are owned exclusively by the Provider.
9.2. The User retains all rights to the data and content they upload or generate using the Service.
10.1. Payments are due in advance for each monthly period.
10.2. If payment is not received via Stripe within 14 calendar days after the due date, the Provider may suspend access to the Service without liability until the outstanding amount is settled.
11.1. By the User: The User may terminate this Agreement by cancelling via the dashboard or sending a written notice to support@darp.ai (subject to the 3-day rule in clause 5.5). Termination takes effect at the end of the current paid billing cycle.
11.2. By the Provider: The Provider may terminate this Agreement with immediate effect if the User materially breaches any term (e.g., non-payment, illegal use, violation of usage restrictions).
11.3. Upon termination, the User's right to access the Service ceases immediately. The Provider will keep the User's data available for export for a period of 30 days following termination (as provided in clause 8.5), after which it will be permanently deleted.
12.1. Mandatory Legal Rights: Nothing in this Agreement excludes or limits the Provider's liability for fraud, willful misconduct (dolo), gross negligence (culpa grave), death, or personal injury, to the extent such liability cannot be excluded under applicable Portuguese law.
12.2. General Limitation: To the maximum extent permitted by law, the Provider's total aggregate liability for any claims arising out of this Agreement shall not exceed the total amount paid by the User in the 12 months preceding the claim.
12.3. The Provider is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, except in cases of willful misconduct.
12.4. The Service is provided "AS IS" and "AS AVAILABLE", subject to the Provider's commitment to use commercially reasonable efforts as stated in clause 7.3.
13.1. This Agreement shall be governed by and construed in accordance with the laws of Portugal.
13.2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Cascais, Portugal.
14.1. The Provider reserves the right to amend this Agreement, including the Subscription Fee, for a valid reason, such as changes in applicable law, significant increases in the Provider's operating costs (including infrastructure, third-party services, or inflation), or the introduction of substantial new features or improvements to the Service.
14.2. Material Changes: For changes to the Subscription Fee, core service functionality, or other material terms, the Provider will provide prior written notice via email at least 15 calendar days before the effective date of such changes.
14.3. Opt-out Right: If the User objects to any material amendment, the User has the right to terminate this Agreement without penalty or further obligation by notifying the Provider within 15 days of receiving the amendment notice. The termination will take effect at the end of the then-current billing cycle.
14.4. Effective Date: Changes that are not objected to, or changes that are not material (e.g., clarifications, non-substantive updates), will take effect at the start of the next billing cycle or immediately, respectively, provided the User has been notified. Continued use of the Service after the effective date of the amendment constitutes acceptance of the updated terms.
For any questions regarding this Agreement or to send a cancellation notice, please contact:
support@darp.ai
This Agreement is drafted in English. If a translated version is provided, the English version shall prevail in case of any conflict.