TERMS AND CONDITIONS OF USE
Draak-app Platform
Last Updated: November 10, 2026
1. Introduction and Acceptance
Welcome to the Draak-app platform! This document establishes the Terms and Conditions of Use governing access to and use of the digital ecosystem offered by Willian Freitas Borges, Unipessoal Lda, hereinafter referred to as Draak-app, headquartered in São Domingos de Rana, Portugal. By downloading the Application, accessing the Site or using our services, the User fully agrees to these Terms. If you do not agree with any provision described herein, you should not use the Platform.
2. Definitions
For the purposes of these Terms:
- Platform: The set formed by the Draak-app Website and Mobile Application.
- Mobile Application (App): The software for mobile devices, for exclusive use by Service Providers to manage their business.
- Website (Site): The publicly accessible web interface, for Clients to search for services and make bookings.
- Service Provider (Professional): The user registered in the App who subscribes to a plan to manage their schedule and advertise services (which may be the account holder company and/or their registered team).
- Client: The user who uses the Site to search for services and make bookings.
- Booked Services: Services or products sold by the Provider directly to the Client through the facilitation of the Platform.
- Online Prepayment: The payment, total or partial, that the Provider may require from the Client when booking, processed by Mollie.
- Mollie: Mollie B.V., an independent payment service provider that processes Online Prepayments through the account that the Provider connects to the Platform.
- Service Fee: The fee owed by the Provider to Draak-app for each Online Prepayment, described in the section on Online Payments and Service Fee.
3. Subject Matter and Features
Draak-app is a technology platform for advertising and booking. Features are divided according to the type of access:
3.1. For Service Providers (Mobile Application)
The App offers management tools including: Profile and Service Catalogue; Team Management (ability to register and remove professionals operating under the main account); Schedule Management (viewing bookings and time blocks); Internal Financial Management (recording income and costs for the provider's informational purposes only); Online Prepayment on bookings, in the plans that include it (see the section on Online Payments and Service Fee).
Note on features by plan: Automatic notifications for new online bookings (for client and professional), automatic booking reminders by email to the client and push notification to the professional are features available from the Professional Plan onwards (inclusive). The Connect, Prime and Elite plans additionally include automatic SMS reminders to the client, with monthly message limits that vary according to the plan. Users with the Essential Plan do not have access to these automatic features.
3.2. For Clients (Website)
The Site allows Clients to: Search for providers by location or category; View available time slots in real time; Make online bookings without prior account registration, by providing basic contact details; Make the Online Prepayment, when the Provider requires it.
3.3. Important Limitations
Draak-app clarifies that it: is NOT a billing platform for the Provider's services (issuing invoices to their clients is the Provider's responsibility, and Draak-app only issues invoices for its own Service Fee); does NOT receive, hold or manage the amounts paid for booked services (payment is made directly to the Provider on-site, or as agreed between the parties, or, where there is an Online Prepayment, through Mollie to the Provider's own account, under the terms of the section on Online Payments and Service Fee); does NOT manage stock; does NOT intervene in the commercial or technical relationship between the Provider and the Client; does NOT guarantee the delivery of push notifications, emails or SMS in cases of device without connectivity, notifications disabled by the user, device operating system limitations or failures of the third-party services they depend on.
4. Access, Registration and Subscriptions (for Service Providers)
4.1. Provider Account and Free Trial
4.1.1. Trial Start: To use the App, the Provider must create an account and provide accurate data. Draak-app does not request the Provider's Tax Identification Number for the subscription, as the subscription is managed and billed by the native app stores. The Tax Identification Number and other tax data are only required if the Provider enables Online Prepayment (see the section on Online Payments and Service Fee). On the first subscription, the Provider may benefit from a 30 (thirty) day free trial of the chosen plan, granted by the app store (Apple App Store or Google Play) and subject to that store's conditions. Changing plan does not entitle the Provider to a new trial period.
4.1.2. Automatic Renewal: Continued access to management features and visibility on the Site depends on a paid subscription. At the end of the trial period, the subscription renews automatically to the chosen plan, with the selected cycle (monthly or annual) and at the price then shown in the store, until cancelled. Cancellation is done in the settings of the respective app store and takes effect at the end of the period already paid.
4.1.3. Plans and Prices (Europe, Euro Zone): Subscription prices are set and charged in Euros (€) for Portugal and other Euro Zone countries, and vary according to the chosen plan (Monthly or Annual). The final price in other currencies (such as BRL) is determined by the app stores (Google Play/App Store), applying the applicable exchange rate and local taxes.
Payment options and their respective prices (in Euros) are as follows:
| Plan | Plan Type | Amount Billed | Equivalent Price/month |
|---|---|---|---|
| Essential | Monthly | €9.90 | €9.90 |
| Essential | Annual | €106.99 | €8.92 |
| Professional | Monthly | €19.99 | €19.99 |
| Professional | Annual | €214.99 | €17.92 |
| Connect | Monthly | €29.99 | €29.99 |
| Connect | Annual | €324.99 | €27.08 |
| Prime | Monthly | €39.99 | €39.99 |
| Prime | Annual | €434.99 | €36.25 |
| Elite | Monthly | €59.99 | €59.99 |
| Elite | Annual | €649.99 | €54.17 |
Annual amounts correspond to a discount applied over the monthly plan. The Provider is responsible for managing and cancelling their subscription directly in the native app store (Google Play/App Store) to avoid future charges. The Service Fee for Online Prepayment is independent of the subscription and is added to its price.
4.1.4. Cancellation and Access: In the event of subscription cancellation, access to paid features is maintained until the end of the already paid period. Draak-app does not issue partial refunds for unused periods.
4.2. Client Use
The Client may browse the Site for free. To complete a booking, it is not mandatory to create a fixed account, but minimum contact details must be provided for the reservation (see the section on Privacy, Data Collection and Sharing). Draak-app does not charge the Client any amount.
5. Online Payments and Service Fee (for Service Providers)
5.1. Online Prepayment
5.1.1. In the plans that include this feature, a Provider with Portugal as their tax country may require Clients, on each schedule, to make an Online Prepayment (deposit or full amount) when booking. For now, Online Prepayment is only available in Euros and for Providers with Portugal as their tax country.
5.1.2. Payments are processed by Mollie, through the account that the Provider itself connects to the Platform, creating it in the same process if they do not yet have one. The amount paid by the Client is credited directly to that account. Draak-app does not receive, hold or manage those funds, and is not a payment institution. By connecting the account, the Provider accepts Mollie's terms, which govern their relationship with it, including the processing fees that Mollie charges them directly and that vary according to the payment method.
5.1.3. A booking with Online Prepayment is only confirmed once the payment is confirmed. If the payment is not completed within a short period, the unconfirmed booking is released.
5.1.4. Draak-app may automatically disable a Provider's Online Prepayment if their Mollie account is suspended or ceases to be able to receive payments, if there are no valid tax data, or if the plan ceases to include the feature.
5.2. Service Fee
5.2.1. For the use of Online Prepayment, the Provider pays Draak-app a Service Fee of 3% (three percent), VAT included, on the amount of each payment processed online. The Service Fee does not apply to payments recorded manually by the Provider.
5.2.2. The Service Fee is deducted automatically by Mollie at the time of each payment and handed over to Draak-app, in addition to the fees that Mollie charges the Provider. The Provider expressly authorises this deduction when connecting the account, by explicit confirmation on the connection screen, with the date and time of acceptance being recorded.
5.2.3. The Service Fee remunerates the service of facilitating the payment, which is rendered once the payment is confirmed. It is therefore not refunded, in whole or in part, in the event of a refund made by the Provider, cancellation of the booking, chargeback or dispute of the payment.
5.2.4. Draak-app may change the Service Fee upon at least 30 (thirty) days' prior notice to the Provider and new acceptance on the same terms, the change applying only to later payments. If the Provider does not accept it, Online Prepayment ceases to be available for their account.
5.3. Invoicing of the Service Fee
5.3.1. Draak-app issues the invoice for the Service Fee. The parties agree that invoicing is monthly: at the start of each month, a single invoice is issued to each Provider, gathering the Service Fees of the previous month. The invoice includes VAT at the legal rate applicable to the region of the Provider's tax address (mainland Portugal, Madeira or the Azores), such VAT being considered included in the 3% fee.
5.3.2. The Provider expressly agrees to receive invoices in electronic format, by email, at the address registered in their account, and is responsible for keeping it up to date.
5.3.3. The invoice covers all Service Fees withheld up to the end of the month, even if the Provider has meanwhile stopped using the Platform or deleted their account.
5.4. Tax Data
5.4.1. To enable Online Prepayment, Draak-app collects the Provider's tax name, tax address, Tax Identification Number and whether they are an individual or a company, obtained from Mollie when the account is connected and completed by the Provider where missing. The Provider confirms them once, on a dedicated screen. If they close the App before finishing, the screen is shown again, and Online Prepayment remains unavailable until the confirmation is completed.
5.4.2. The Provider guarantees that the tax data are true, complete and up to date, and is liable for the consequences of incorrect data. Once confirmed, the data cannot be changed in the App. To correct them, the Provider may disconnect and reconnect the account, or contact Draak-app. Invoices already issued are not reissued because of later changes to the data, unless required by law.
5.4.3. The processing of this data, including retention periods, is described in the Privacy Policy.
5.5. Refunds, Chargebacks and Disputes
5.5.1. The contract for the provision of the service, the price and the cancellation and refund policy are the exclusive responsibility of the Provider. The Provider is solely responsible for informing the Client of those conditions and of the rights that the law grants them.
5.5.2. Refunds, chargebacks, disputes and any conflicts about payments are resolved directly between the Provider, the Client and Mollie. Draak-app is not a party to those situations and does not guarantee their outcome.
5.5.3. The costs and penalties that Mollie applies to a chargeback or dispute, as well as the loss of the payment amount, are borne by the Provider. Card payments may be disputed by the cardholder within the periods set by Mollie and by the card networks, without any control by Draak-app.
5.5.4. Draak-app does not guarantee settlement periods or the availability of funds. Mollie may withhold, delay or refuse payments and suspend accounts under its own rules, without liability for Draak-app.
5.6. Disconnection
5.6.1. The Provider may disconnect their Mollie account when there are no pending payments. Upon disconnection, Online Prepayment is disabled on all schedules. Service Fees already withheld continue to be invoiced under the clause on Invoicing of the Service Fee.
5.6.2. After disconnection of the payment account or deletion of the account, we keep the Mollie access credentials, encrypted, for 180 days, solely to process late chargebacks and refunds and to resolve pending payments. Once this period ends, access is revoked and the credentials are deleted.
6. Responsibilities
6.1. Draak-app Responsibility (Technology Intermediary)
Draak-app is a platform that acts exclusively as a technology intermediary for advertising and booking services between Providers and Clients. Our responsibility is strictly limited to the operation, stability and availability of the software.
Draak-app is not responsible, under any circumstances, for:
Service Execution and Results: We are not responsible for the quality, safety, legality or outcome of booked services. Service execution is the sole and exclusive responsibility of the Provider.
Registered Information: We do not guarantee nor are we responsible for the truthfulness, accuracy or legality of any information (including service descriptions, pricing and qualifications) registered by Providers on the Platform. Such information is the exclusive responsibility of the Provider.
Compliance with Agreements and Rescheduling: We are not responsible for compliance with schedules, delays, cancellations, rescheduling or any failures in the agreement between Client and Provider. Any negotiation of fees or penalties arising from rescheduling or no-shows is the exclusive responsibility of the Provider and managed entirely outside the Platform.
Continuity and Stability: We do not guarantee uninterrupted availability of the Platform and are not responsible for technical failures, interruptions, temporary service suspension or data loss that may occur due to external factors, necessary maintenance or connectivity issues.
Online Payments: We are not responsible for delays, withholdings, refusals, suspensions or closure of accounts by Mollie, for settlement periods, for failures or unavailability of its services, nor for refunds, chargebacks and payment disputes, which are resolved under the clause on Refunds, Chargebacks and Disputes.
For any financial transactions or payment failures between Client and Provider.
For tax or accounting errors arising from use of the App's reports (which are organisational estimates only).
For errors, delays or failures in sending push notifications, emails or automatic SMS, which depend on third-party services (Firebase, SMTP, Twilio) outside Draak-app's direct control.
6.2. Provider Responsibility
The Provider is solely and entirely responsible for:
The complete accuracy, truthfulness and legality of their profile information, service catalogue and team.
The execution, quality, outcome and any occurrences (delays, cancellations) relating to services booked on the Platform.
Compliance with all legal, tax and employment obligations of their activity. This includes using their Tax Identification Number for issuing invoices to their clients (Site users), with Draak-app bearing no responsibility for this information.
The accuracy of the tax and payment data they provide or confirm, the regularity of their account with Mollie and the cancellation and refund conditions they apply to their Clients.
The full management of their team data (registered professionals), including registration, updating and deletion from the Platform. The Provider guarantees that they have obtained the express consent of each registered professional for the processing of their data on the Platform.
The protection of Client data to which they have access through the schedule.
6.3. Client Responsibility
The Client commits to providing valid contact details and attending scheduled bookings, or cancelling them in advance, respecting each Provider's cancellation policy.
6.4. Biometric Login
Biometric login is an optional feature that the user can enable or disable at any time. Draak-app is not responsible for unauthorised access resulting from compromised biometrics on the device itself. Biometric verification is performed exclusively by the device's operating system, and the fingerprint is never transmitted to Draak-app's servers.
7. Privacy, Data Collection and Sharing
When making a booking on the Site, the Client provides their Name, Phone Number and email (optional). This data is automatically shared with the chosen Service Provider, so they can identify the client and manage the appointment. This data will be visible to the Provider through the Mobile Application. Draak-app does not use this data for its own marketing without consent, nor does it sell it to third parties. For more details, please consult our Privacy Policy.
8. Intellectual Property
All design, software, source code, graphics and logos of Draak-app are the exclusive property of Willian Freitas Borges, Unipessoal Lda. The Provider retains ownership of the photos and texts they upload to their profile, granting Draak-app a licence to display this content on the Site for advertising purposes.
9. Final Provisions
9.1. Changes to Terms
Draak-app reserves the right to change these terms at any time. Changes will take effect after their publication on the Platform. Relevant changes, in particular those concerning payments, fees or invoicing, will be communicated to the Provider in the App or by email, and continued use depends on their acceptance.
9.2. Applicable Law and Jurisdiction
These Terms are governed by the laws of Portugal. For the resolution of any disputes arising from these Terms, the Court of the Judicial District of Lisbon West (Comarca de Lisboa Oeste) is established as competent, with express waiver of any other, without prejudice to the mandatory rules on jurisdiction applicable to consumers.
8.3. Alternative Dispute Resolution (ADR)
In case of dispute, the consumer may resort to a Consumer Alternative Dispute Resolution Entity, such as the Lisbon Consumer Conflict Arbitration Centre.
9.4. Complaints Book
Draak-app has an Electronic Complaints Book, available at www.livroreclamacoes.pt. For questions about these Terms, contact: contact@draak-app.com.