Terms & Conditions

1. Provider Identity

Pursuant to Article 10 of Portuguese Decree-Law No. 7/2004 (e-commerce) and Article 4 of Law No. 24/96 (Consumer Protection), the Kliniqa service is provided by an individual health professional operating as a self-employed practitioner:

Name: Daniela Jaramillo Alzate Portuguese Tax Number (NIF): 316 151 297 Medical Council Licence: 77592 Health Regulatory Authority (ERS) Registration: E182294 Professional Address: Avenida Gonçalo Ribeiro Telles, 400, 4405-732 Vila Nova de Gaia, Portugal Email: geral@kliniqa.net Phone: +351 933 496 991

"Kliniqa" is the trade name under which the practitioner delivers the service. There is no separate company: the practitioner is personally responsible for the medical services rendered, in her self-employed capacity, under the supervision of the Portuguese Medical Council and the Health Regulatory Authority (ERS - registration no. E182294).

These Terms govern the contractual relationship between the practitioner and any individual or entity accessing or using the services at kliniqa.net ("User"). By accessing the platform, creating an account, or completing a booking, the User declares they have read, understood, and fully accepted these Terms.

2. Service Description

Kliniqa is a telemedicine platform that enables booking and conducting medical consultations by video call with the health professional identified in section 1 and, in future, with other collaborating doctors certified by the Portuguese Medical Council.

The service includes: online booking, virtual waiting room, end-to-end encrypted video call, PDF clinical report, e-prescription where clinically indicated, secure payment, and a patient personal area.

Telemedicine has inherent limitations: some health issues require in-person evaluation. The practitioner alone decides when to inform the patient of this and may refer them to in-person care or emergency services.

Some clinical-support features may use AI systems (triage, transcription). These are auxiliary - they do not replace human clinical judgement and must not be interpreted as medical diagnosis.

3. Eligibility

The service is intended for natural persons with the legal capacity to enter into contracts. Users under 18 may only access the platform with the express written consent of their legal guardian, who accepts joint responsibility.

For paediatric consultations, the legal guardian must create the account, book the appointment, and be present during the session.

For consent-based personal data processing, the minimum age in Portugal is 13 (Article 16 of Law 58/2019). Below this age, consent must be given by the holder of parental responsibility - see Privacy Policy section 12.

Kliniqa reserves the right to suspend or close accounts that do not meet eligibility requirements, without prejudice to refunds for services not yet rendered.

4. User Obligations (Patient)

The User agrees to: (a) provide true, complete and up-to-date health information - inaccuracy may compromise the quality of medical care and releases the practitioner from liability for diagnoses or prescriptions based on incorrect data; (b) use the platform solely for legitimate healthcare purposes; (c) not record, reproduce or disclose consultation content without the practitioner's express consent; (d) keep access credentials confidential and report any unauthorised use immediately.

Expressly prohibited: attempts to bypass authentication or payment systems; publishing defamatory, unlawful or third-party-rights-infringing content; using the platform for non-medical services or unauthorised research; reverse engineering or interfering with platform integrity.

5. Practitioner Obligations

The practitioner undertakes to: (a) maintain a valid Medical Council licence and professional liability insurance; (b) provide healthcare with the diligence, competence and ethics required by the Code of Medical Ethics; (c) observe the duty of medical professional secrecy (Art. 139 of the Statute of the Medical Council, Art. 195 of the Penal Code, and the GDPR); (d) issue a clinical report within 24 hours of each consultation; (e) keep scheduled appointments or notify at least 2 hours in advance in case of inability, save force majeure.

When other collaborating doctors join Kliniqa, they will be subject to equivalent obligations and the same deontological supervision by the Medical Council.

6. Payment & Invoicing

All prices are shown in euros (EUR). For healthcare services provided in Portugal, the VAT exemption of Article 9(2) of the Portuguese VAT Code applies (medical services by a licensed professional). Non-exempt services are invoiced with VAT at the applicable legal rate.

Payment is charged at booking confirmation, via the available methods (credit/debit card, MB Way).

Payments are processed by Stripe Payments Europe, Ltd. (regulated payment institution). The practitioner does not store full card details - these are handled by Stripe in a PCI-DSS environment.

An electronic invoice is automatically generated upon payment confirmation, in compliance with Portuguese invoicing rules, and sent to the User's email. A copy is available in the Personal Area.

In the event of a platform-attributable technical failure preventing the consultation from taking place after payment, a full refund is issued within 2 business days.

7. Cancellations & Refunds

Detailed conditions are set out in the Cancellation Policy at /cancelamentos, which forms an integral part of these Terms.

Summary: cancellations more than 24 hours in advance - full refund; between 6 and 24 hours or under 6 hours - 30% voucher credit. Practitioner- or platform-initiated cancellations - 100% refund plus €10 compensation voucher.

Consumer right of withdrawal: under Article 17(1)(a) of Decree-Law 24/2014, the 14-day right of withdrawal does not apply to personalised healthcare services once the service has commenced. Before the consultation starts, the User may exercise this right by emailing geral@kliniqa.net.

8. Intellectual Property

The "Kliniqa" brand, logo, platform design, texts, images, source code and all original content are the exclusive property of the practitioner or third-party licensors, protected under the Portuguese Copyright and Related Rights Code (Decree-Law 63/85) and applicable legislation.

The User is granted a personal, non-exclusive, non-transferable and revocable licence to access and use the platform for the purposes set out in these Terms. Reproduction, redistribution, reverse engineering or commercial use without prior written authorisation are expressly prohibited.

Clinical reports belong to the patient and the authoring practitioner. The platform retains a copy for legal archiving and security purposes, with no rights acquired over the clinical content.

9. Limitation of Liability

The practitioner is personally liable for the medical acts she performs, within her professional civil and disciplinary responsibility before the Medical Council. Professional liability insurance is maintained in force.

"Kliniqa" as a technology platform is not liable for: (a) Internet connectivity failures attributable to the User or their service provider; (b) service interruptions under 4 hours per month due to announced scheduled maintenance; (c) indirect damages, loss of profits or data loss unrelated to the contracted services.

The platform's liability for the technology service (not the medical care) is limited to the amount paid for the consultation in question, save in cases of wilful misconduct or gross negligence directly attributable, in which case the legal limits of civil liability apply.

10. Governing Law & Dispute Resolution

These Terms are governed by Portuguese law.

For alternative consumer dispute resolution (ADR) under Law 144/2015 and the Consumer Code, the User may contact the Lisbon Consumer Dispute Arbitration Centre (CACCL) - www.centroarbitragemlisboa.pt - or the European Online Dispute Resolution platform (ODR) at ec.europa.eu/consumers/odr.

Without prejudice to ADR, jurisdiction lies with the court of the consumer's domicile, as established by the procedural rules applicable to consumers.

11. Changes to Terms

The practitioner reserves the right to update these Terms at any time. Material changes are communicated by email with 30 days' notice to active users. Continued use after the notice period implies acceptance.

If the User does not accept the changes, they may close the account before the effective date at no cost. Bookings already confirmed will be honoured under the conditions in force at the time of confirmation.

12. Contact

For legal questions or matters relating to these Terms: 📧 geral@kliniqa.net 📞 +351 933 496 991 (Mon–Fri, 9am–6pm, Lisbon time) 📮 Daniela Jaramillo Alzate · Avenida Gonçalo Ribeiro Telles, 400 · 4405-732 Vila Nova de Gaia, Portugal

For privacy and GDPR matters: geral@kliniqa.net