Terms of Service

1. Who we are

These terms govern the use of Dibs, a booking platform provided by Diogo Pereira, a sole trader, tax number PT267875630, with business address at Rua Barão Forrester 752, 2.º Esq., 4050-273 Porto (“Dibs”, “we”). They apply to every business that uses Dibs (“the business”, “you”) and to the people the business gives access to.

2. The service

Dibs lets a business publish its services and availability, take bookings from its customers, and manage its agenda, customers and team. The business configures its own site: its name, branding, locations, providers and vocabulary.

Customers who book through a business’s site deal with that business. The business, not Dibs, is responsible for the services it offers and for its relationship with its customers.

Dibs is for businesses and professionals, for use in their trade. It is not offered to consumers.

3. Your account

A business can create its account itself, by signing up on the Dibs website, or ask us to create it. The person who signs up confirms that they are authorised to act for the business and becomes its first administrator. You must give accurate information and keep it current.

You are responsible for the logins you create for your team and for everything done with them. Tell us straight away at [email protected] if you suspect an account has been compromised.

4. Plans and payment

Dibs has a free plan and paid plans. What each plan includes — such as the number of providers and locations, team logins, branding and SMS — is shown on our website and in your account. On the free plan, your public site shows “Powered by Dibs”.

Paid plans are billed to the business by subscription, monthly or yearly and in advance, through our payment provider, Stripe. Prices are those shown when you subscribe, plus any applicable taxes. A new subscription may start with a free trial of 14 days.

Changing plan

An upgrade takes effect straight away: you are charged for the new plan at once, less a credit for the unused time on the old one, and a new billing period starts. During a free trial, the new plan applies at once and nothing is charged until the trial ends. A downgrade takes effect at the end of the period already paid.

A downgrade never deletes anything. Whatever is above the new plan's limits stays as it is, but you cannot add more while you are above them; branding you have saved stays stored but is not shown on plans that do not include it.

SMS

Paid plans include 200 SMS a month for each active provider, and you can buy extra SMS packs. Each SMS sent uses one credit; a message that is never sent gives its credit back. Credits are used oldest first and expire 12 months after they are granted or bought. Unused credits are not refundable and cannot be exchanged for money.

Late payment and cancellation

If a payment fails, the account keeps working for a grace period of 14 days. If it is still unpaid when the grace period ends, access is restricted: your team can still sign in, see the agenda and cancel existing bookings, but your public booking site is hidden and no new bookings can be made until the subscription is paid.

You can cancel a paid subscription at any time; it runs until the end of the period already paid, which is not refunded. When it ends, the account moves to the free plan: nothing is deleted, and anything above that plan's limits stays as it is, as with a downgrade.

5. Acceptable use

You must not use Dibs to break the law, to send unsolicited messages, to infringe the rights of others, or to interfere with the service or with other businesses’ accounts. You must have a lawful basis for the customer data you enter into Dibs.

Anyone can report a site on Dibs that breaks these terms, or that pretends to be a business it is not, to [email protected]. We look into every report and may suspend the site while we do.

6. Your data

The data the business and its customers enter remains the business's. We process it only to provide the service; for the data of the business's customers we act as a processor on the business's behalf, under the next section.

You can ask for an export of your data at [email protected]. If your access stays restricted or suspended for 6 months — for example because a payment was left unpaid — we delete the account's data: its customers, bookings, team logins, settings and uploaded images. We warn the account's administrators by email at least 30 days before, and again 7 days before. You can also ask us to delete it sooner; we then do so within 30 days. In both cases we keep only what the law requires us to keep, such as billing records, and copies in our backups are gone within a further 30 days. We do not delete data that a court or a competent authority has asked us to keep, for as long as it asks.

You allow us to store and display the logo, images and text you upload, only to provide your site and the service.

7. Processing data on the business's behalf

When Dibs processes personal data on the business's behalf (Article 28 of the GDPR), this section is the agreement between us. It covers the data of the business's customers and team that the business enters into Dibs or that its customers give when they book — names, contact details, bookings, the messages sent about them and notes, including any health data the business records (see below) — and lasts for as long as the business uses Dibs and until that data is deleted.

We will:

• process the data only on the business's documented instructions — these terms and the way it configures and uses Dibs — unless the law requires otherwise, in which case we tell the business first where the law allows;
• tell the business if, in our opinion, an instruction breaks data protection law;
• ensure that the people authorised to process the data are bound by confidentiality;
• apply, at least, the security measures listed in the Privacy Policy under “Security”;
• transfer the data outside the European Economic Area only to the subprocessors listed in the Privacy Policy, under an adequacy decision of the European Commission — such as the EU–US Data Privacy Framework — or the European Commission's standard contractual clauses;
• help the business, as far as is reasonable, to respond to requests from the people the data concerns and to meet its obligations on security, breach notification and impact assessments;
• tell the business without undue delay, and within 48 hours, after we become aware of a personal data breach affecting its data;
• delete or return the data, as the business chooses, when the service ends — and in any case delete it as described under “Your data” — except what the law requires us to keep; and
• make available the information needed to show that we meet these obligations, and allow and contribute to reasonable audits, on reasonable notice.

The business authorises us to use the subprocessors listed in the Privacy Policy. We tell businesses about any addition or replacement before it takes effect, and a business may object; if we cannot reasonably address the objection, the business may end its subscription. We impose the same data protection obligations on our subprocessors and remain responsible to the business for them.

Health data

Some businesses — health practices and therapists, for example — record health data about their customers, such as a note about a treatment or the name of the service booked. This is a special category of data under Article 9 of the GDPR. Where a business records it, the business confirms that it has a valid condition for processing it, records only what it needs to provide and manage the appointment, and keeps details of treatment out of the messages Dibs sends to its customers — to that end, it can stop the booked service being named in emails, in its account settings. We protect this data with the same measures as the rest of the business's data, and we access it only when the business asks us for support or the law requires it.

8. Availability and changes

We work to keep Dibs available and secure, but we do not promise an uninterrupted service. We may change or improve features; if a change significantly reduces what your plan includes, we will tell you in advance.

9. Suspension and termination

We may suspend or close an account that seriously or repeatedly breaches these terms, or where the law requires it. Except in urgent cases, we will warn you first and give you a chance to put the problem right.

We may also end the free plan, or stop providing Dibs altogether, by telling you at least 90 days in advance. You can export your data before that date, and if you paid in advance for any time after it, we refund that part.

10. Liability

Dibs is provided with reasonable skill and care. As far as the law allows, we are not liable for indirect losses, such as lost profits or lost bookings, and our total liability in any twelve months is limited to the greater of the amount you paid us in that period and €100. These limits do not apply to loss caused by our wilful misconduct or gross negligence, to death or personal injury, or to any other liability that the law does not allow to be limited.

11. Changes to these terms

We may update these terms. We will tell businesses about material changes by email at least 30 days before they take effect. If you do not accept them, you can cancel your subscription before that date, and if you paid for a year in advance we refund the months after it. Continuing to use Dibs after that date means you accept the new terms.

12. Law and disputes

These terms are governed by Portuguese law. The courts of Porto have jurisdiction over any dispute, without prejudice to mandatory rules that allow you to bring it elsewhere. These terms are published in Portuguese and English; if the two differ, the Portuguese version prevails.

13. Contact

Questions about these terms: [email protected].