Terms of service

1. Who we are

Turmalina is a service of [Company name], NIPC [NIPC], registered office at [registered address] ("Turmalina", "we"). You can reach us at info@turmalina.pt.

These terms apply to the contract between Turmalina and the school or group of schools that creates an account (the "Customer"). The Data processing agreement is part of this contract. The Portuguese version of these terms prevails.

2. The service

Turmalina is a web application for running schools: timetables, lesson records and absences, assessment, fees and payments, canteen, nursery records, messages and notices, authorisations and the other features described on the website. It runs in the browser; there is nothing to install.

The people the Customer invites (leadership, teachers, staff, parents and students) use the service on behalf and under the responsibility of the Customer.

We keep improving the service. We may change or remove features, but we won't remove an essential feature the Customer is using without 30 days' notice.

3. Account and access

Whoever creates the account declares that they may bind the Customer and that the details they give are true.

• The Customer chooses who has access and with which roles, and removes access from people who no longer need it.
• Each person has their own account. Passwords are personal and must not be shared.
• Two-step verification is available to everyone and the Customer can make it mandatory per role. We recommend it for the leadership and the office.
• The Customer tells us immediately if it suspects misuse of an account.

4. Trial

Each new account has a free 30-day trial, with every feature and no card required. At the end, unless the Customer subscribes, the account becomes read-only: data can be viewed and exported, not changed.

Without a subscription, we delete the account's data 90 days after the trial ends. We email the administrators before doing so.

5. Subscription, price and payment

The price depends on the plan and the Customer's size (for example, the number of students and schools) and is shown on the app's Subscription page before the Customer subscribes. VAT is added at the legal rate.

The subscription is paid in advance, per period, by bank transfer to the IBAN shown in the app. We issue an invoice for each payment.

If the paid period ends without a new payment, the service keeps working for 14 days. After that the account becomes read-only until payment is made.

We may change prices with at least 30 days' notice. The change applies from the next renewal.

6. Acceptable use

The Customer and the people it invites must not:

• use the service for unlawful purposes or against the rights of others;
• try to access other customers' data, get around access controls or test the security of the service without our written permission;
• overload the service, for example with bulk automated access;
• copy, resell or reverse-engineer the service.

The Customer is responsible for the content and data it puts in the service and for having a legal basis to process it, including any consents needed.

7. Personal data

For the data about students, families and staff that the Customer puts in the service, the Customer is the controller and Turmalina is the processor. The rules for that processing are in the Data processing agreement, which prevails over these terms on that subject.

The data we process for ourselves (for example, sales contacts and invoicing) is described in the Privacy policy.

8. Availability and support

We do our best to keep the service available at all times, but we don't guarantee that it will run without interruptions or errors. Planned maintenance happens outside school hours whenever possible.

Support is by email at info@turmalina.pt, on working days.

We back up the database. Backups are for restoring the service after a failure, not for undoing changes the Customer made by mistake.

9. Intellectual property

Turmalina's software, design and brands are ours. During the contract the Customer may use them for its school activities, under this contract.

The Customer's data belongs to the Customer. We use it only to provide the service.

10. Export and end of the contract

Group administrators can export the data at any time, in an open format, from the Settings page.

The Customer may end the contract at any time, by email or in the app. A period already paid is not refunded, unless the law requires it.

We may end the contract for non-payment or a serious breach of these terms, with 15 days' notice, or immediately if the breach puts the security of the service or of other customers at risk.

After the contract ends, the data stays available for export, read-only, for 30 days. It is then deleted within 90 days, including from backups as they expire.

11. Liability

Our liability for damage arising from the contract is limited to the amount the Customer paid in the 12 months before the event that caused it. We are not liable for loss of profit or indirect damage.

These limits don't apply in case of wilful misconduct or gross negligence, or where the law does not allow liability to be limited.

12. Changes to these terms

We may change these terms. We tell administrators by email or in the app at least 30 days in advance, unless the change is required by law. If the Customer doesn't agree, it may end the contract before the change takes effect.

Each version has a date and a version number. We keep the version each Customer accepted.

13. Governing law and courts

This contract is governed by Portuguese law. Disputes go to the courts of [comarca], without prejudice to mandatory legal rules.