Terms of Service
Last updated · 10 May 2026
These Terms of Service ("Terms") govern your access to and use of Marcado, a service operated from Porto, Portugal.
By subscribing to or using Marcado, you accept these Terms in full. If you do not agree, you must not use the service.
1. The service
Marcado is an automated WhatsApp assistant for personal trainers and studios. It receives booking requests, sends confirmations and reminders, and handles cancellations on behalf of subscribed professionals.
The service integrates with WhatsApp Business and, optionally, with external calendars such as Google Calendar.
2. Account and eligibility
To subscribe to Marcado you must be at least 18 years old and have the legal capacity to enter into contracts.
You agree to provide truthful and complete information at registration and to keep your credentials confidential. You are responsible for all activity on your account.
3. Subscription and payments
Marcado is a monthly subscription service. Current plans and prices are published on the pricing page and may be revised with 30 days' notice.
Payments are processed via Stripe and charged at the start of each cycle. Prices include VAT where applicable.
By subscribing, you authorise automatic monthly charges until you cancel.
4. Cancellation
You can cancel your subscription at any time, effective at the end of the current billing cycle. There is no minimum term.
The Refund and Cancellation Policy details what happens in each case.
5. Acceptable use
You agree not to use Marcado to send unsolicited communications (spam), illegal content, or any activity that violates WhatsApp Business policies or applicable law.
We reserve the right to suspend accounts that breach these principles, with notice whenever possible.
6. Intellectual property
Marcado's software, brand, design and content are the exclusive property of the operator. Your use does not grant you any rights over these elements.
The data you input — clients, sessions, messages — remains yours. You grant us only the licence necessary to operate the service.
7. Availability and limitation of liability
We strive to keep the service available 24/7 but do not guarantee complete absence of interruption. We are not responsible for failures in third-party services such as WhatsApp, Google Calendar or Stripe.
To the maximum extent permitted by law, our liability is limited to the amount paid in the 12 months preceding the event giving rise to the claim.
8. Privacy and data
The processing of your personal data and your clients' data is described in the Privacy Policy.
To deliver the service — bookings, reminders and cancellations — Marcado stores your clients' telephone numbers and the messages exchanged with them via WhatsApp. We process this data on your behalf, as a processor under Article 28 GDPR, for those purposes and to keep an auditable record of what was communicated.
As the controller of your clients' personal data, you are responsible for having a lawful basis under Article 6 GDPR for communicating with each client through Marcado and for informing them — including identifying Marcado as your processor — before their phone number is added to the service. You must also handle their data-subject requests (access, rectification, erasure, objection); we assist on request.
When you subscribe, and when a client first messages the bot, we present a GDPR notice covering what data is stored, why, and how to exercise data-subject rights. You and your clients can request erasure of personal data at any time by writing to [email protected]; we delete from active systems within 30 days, except where law requires longer retention.
Identifiable conversations and contact data live in operational systems for at most 60 days. On each rollover, the operational database is moved to long-term storage and every message is anonymized in the process — phone numbers, names and other identifying details are stripped — so the resulting archive is no longer personal data under GDPR. The anonymized archive is retained indefinitely and may be used to improve the service. Erasure requests apply to the identifiable copy still in operational systems; on cancellation, any identifiable data remaining there is deleted within 30 days, except where law requires longer retention.
9. Changes to the Terms
We may update these Terms. We will notify you at least 30 days in advance by email. If you do not agree, you may cancel your subscription before the changes take effect, at no cost.
10. Governing law and jurisdiction
These Terms are governed by Portuguese law. The courts of Porto have exclusive jurisdiction, without prejudice to consumer rights to alternative dispute resolution.
For any questions about this document, write to us at [email protected].