Terms of Service
Last updated: August 13, 2026
These Terms of Service govern access to and use of the Ermera platform, available at ermera.pt, operated by Atelier de Software by Pina dos Santos, Lda.
By creating an account or using the platform, you agree to be bound by these terms. If you do not agree with any of the conditions described here, you should not use the service.
1. Service provider identification
1.1. The Ermera platform is operated by Atelier de Software by Pina dos Santos, Lda., with registered office at Rua da Esperança, n.º 17, loja C, 2735-473 Cacém, registered at the Commercial Registry Office, legal person no. 516 156 870.
1.2. Office: Rua Amílcar Cabral n.º 7, Piso 2, Sala 4, 2735-534 Agualva-Cacém.
1.3. Contact: hello@ermera.pt
1.4. In these terms, "Atelier de Software" means the entity providing the service and "Ermera" means the platform made available.
2. Purpose and service description
2.1. Ermera is a collections management platform that allows companies and other entities to create and manage recurring or instalment collection contracts, namely subscriptions, retainers, maintenance contracts, payment plans, payment agreements bundling several outstanding invoices, member dues and fees, and the collection of invoices already outstanding in the user's invoicing software, to automate their collection through payment processors and to orchestrate invoice issuance through the user's certified invoicing software.
2.2. Ermera does not issue invoices. Issuance is always carried out by the certified invoicing software the user already uses, with Ermera orchestrating that process on the user's instruction.
2.3. Ermera does not process refunds. Refunds to the user's end customers are handled in the user's invoicing software and payment processor, outside the platform.
2.4. Ermera is not a financial institution, does not provide payment services and does not hold funds of the user or of their customers. Payments are processed by third parties, namely SIBS, IfThenPay, Stripe, Eupago and Easypay. SIBS, IfThenPay, Eupago and Easypay accounts are contracted and maintained directly by the user. In the case of Stripe, the user's account is a connected account created through the platform under Stripe Connect, and the user is bound by Stripe's connected account agreement, which they accept directly with Stripe. Funds are settled into the user's connected account, without passing through accounts held by Atelier de Software.
2.5. The collection and failed-payment recovery rules applicable to the user's customers, including the number and interval of attempts, associated communications and escalation actions, are configured by the user on the platform. Ermera executes those rules as configured. The user is responsible for ensuring that the configuration adopted complies with applicable law, namely on commercial communications, collection of amounts due and data protection. This clause is distinct from the procedure set out in clause 8.5, which applies to the user's payment of their Ermera subscription.
3. Definitions
3.1. Contract: a record created on the platform that links a customer of the user to a collection plan, with its periodicity, amount and conditions.
3.2. Charge: a payment instruction generated by the platform under a contract or a one-off request.
3.3. Successful charge: a charge processed through the platform whose payment is confirmed by the payment processor, regardless of the amount. Failed or declined attempts do not count as successful charges, nor do charges subsequently refunded or reversed. Each charge counts once, even if it results from several attempts.
3.4. Outstanding-balance collection: collection of amounts due that does not arise from an active contract on the platform, available on the Growth and Enterprise plans. Successful outstanding-balance collections consume the monthly volume included in the plan, on the same terms as other charges.
3.5. Included monthly volume: the number of successful charges covered by the plan's base price in each calendar month, as indicated on the plans page of the site.
4. Registration, account and users
4.1. To use the platform an account must be created, providing true, complete and up-to-date information.
4.2. Each account corresponds to one organisation and includes the number of users provided for in the subscribed plan, as indicated on the plans page of the site. Further users may be added under clause 7.7. Each user's credentials are personal and non-transferable.
4.3. The user is responsible for keeping access credentials confidential and for all actions carried out in their account.
4.4. The user must immediately notify Atelier de Software of any unauthorised use of their account.
4.5. The available access profiles and the permissions associated with each are described in the platform documentation.
5. Partner and authorised third-party access
5.1. The user may authorise access to their account by an Ermera partner or another third party for configuration, onboarding or support purposes. The authorisation is given in writing and recorded on the platform, and may be revoked by the user at any time.
5.2. Actions carried out in the account by the authorised third party are attributed to the user for all purposes of these terms.
5.3. The authorised third party may not change the user's payment methods or billing details without the user's written confirmation.
5.4. Services provided by partners to the user, namely setup, training and support, are contracted directly between them. Atelier de Software is not a party to those contracts and is not liable for their performance.
5.5. Access granted to a partner or other authorised third party under this clause does not count towards the number of users included in the subscribed plan.
6. Onboarding and start of the subscription
6.1. Ermera does not provide a trial period. Access to the platform is preceded by a guided onboarding phase, run with the Ermera team, in which the integrations, the data import and the first charges are set up.
6.2. The onboarding is contracted separately from the subscription. Its scope and price are agreed with the user in writing before it starts, and are not included in the plan price.
6.3. Before contracting, the platform may be evaluated in demonstration sessions and, on the Enterprise plan, in proof-of-concept sessions agreed case by case.
6.4. For users who subscribe directly through the Ermera site, the subscription starts counting on the date the onboarding is completed, that is, the date on which Atelier de Software hands the setup over to the user as ready to operate.
6.5. For users who join Ermera through an Ermera partner, the onboarding is run by the partner and the subscription starts on the date the partner completes the handover of the setup to the user.
7. Plans, prices and included volumes
7.1. Ermera offers three subscription plans, Starter, Growth and Enterprise, with two billing cycles, monthly and annual. The prices, features, number of users and included volumes of each plan are described on the plans page of the site.
7.2. The annual cycle is billed in full at the time of subscription or renewal, the amount corresponding to ten monthly payments for twelve months of use.
7.3. Each plan includes a monthly volume of successful charges. Successful charges exceeding that volume are billed at the unit price applicable to the subscribed plan, under clause 8.4.
7.4. On the Enterprise plan, the included monthly volume and the unit price for excess charges are set in the contract entered into with the user, which prevails over the plans page.
7.5. The prices displayed do not include VAT, which will be added at the legal rate in force.
7.6. Atelier de Software reserves the right to change plan prices, included volumes, the price of excess charges and the price of additional users, notifying users at least 30 days in advance. The change does not affect the billing cycle in progress and, for annual subscriptions, only takes effect at the next renewal.
7.7. Each plan includes a number of users. The user may add users beyond those included, up to the maximum set for the subscribed plan, and each additional user is billed monthly at the price applicable to that plan, under clause 8.4. The number of users included and the maximum for each plan are set out on the plans page of the site. On the Enterprise plan, the number of users is set in the contract entered into with the user.
8. Payment, renewal and excess charges
8.1. Payments are processed automatically on the start date of each billing cycle, through the payment method configured by the user.
8.2. Monthly subscriptions renew automatically at the end of each cycle, unless previously cancelled by the user.
8.3. Annual subscriptions do not renew automatically. Renewal depends on the express confirmation of the user. In its absence by the end of the contracted period, access to features is suspended, with clause 10.4 applying to the account data.
8.4. Excess charges under clause 7.3 and additional users under clause 7.7 are determined at the end of each calendar month and billed in the following month, regardless of the billing cycle subscribed, through the payment method configured by the user. Amounts determined in the last month of use are billed even after the subscription is cancelled.
8.5. In case of failure to pay the subscription, Atelier de Software retries the charge and notifies the user on each attempt. If payment is not settled within 30 days of the first failure, access to features may be suspended, subject to 8 days' prior notice, with the account remaining accessible for settlement and data export.
8.6. Payments for cycles already started are non-refundable, except as required by law or as provided for in clause 16.
9. Plan changes
9.1. A plan upgrade may be requested at any time and takes effect immediately. The price difference is charged proportionally in the following billing cycle.
9.2. A plan downgrade takes effect at the start of the following billing cycle. There is no proportional refund for the cycle in progress.
9.3. After a downgrade, the user loses access to the features and volumes not included in the new plan. It is up to the user to export beforehand any data they wish to keep and to adjust their operation to the new plan.
10. Cancellation and data retention
10.1. The user may cancel their subscription at any time through the platform.
10.2. Cancellation takes effect at the end of the billing cycle in progress. Until then, the user keeps access to all features of their plan.
10.3. For annual subscriptions, the licence remains active until the end of the paid period, with no proportional refund.
10.4. After the end of the subscription or of the contracted period without renewal, account data is kept for 90 days, to allow export or reactivation, after which it is permanently deleted. Legal retention obligations are reserved, namely for invoicing data subject to the applicable tax periods.
10.5. During the subscription and during the retention period set out in clause 10.4, the user may export their account data through the platform, in structured formats in common use.
11. User responsibilities
11.1. The user undertakes to use the platform in accordance with applicable law and with these terms.
11.2. The user is the controller of the personal data of their customers entered into the platform. Atelier de Software acts as processor, under article 28 of the GDPR, processing that data only in accordance with the user's documented instructions.
11.3. The conditions of the processing, including subject matter, duration, nature, purpose, security measures and use of sub-processors, are set out in the Privacy Policy, available at ermera.pt/privacidade, which forms an integral part of these terms.
11.4. Where the user uses Stripe through Stripe Connect, Stripe acts as a sub-processor of Atelier de Software for the data processed in that context, and is listed among the recipients identified in the Privacy Policy. For the other third-party services the user connects to the platform with their own accounts, those entities process data on behalf of and on the instruction of the user, not of Atelier de Software.
11.5. The user is responsible for ensuring they have an adequate legal basis for processing their customers' data and that the instructions they give Ermera for invoicing and collection orchestration are legitimate and lawful.
11.6. Use of the platform for unlawful or fraudulent activities, or activities that infringe third-party rights, is prohibited.
11.7. Use of the API and webhooks, available on the plans that include them, is subject to the technical limits documented by Atelier de Software, including call rate limits. Atelier de Software may temporarily restrict or suspend API access in the event of use that compromises the stability or security of the platform, notifying the user and restoring access as soon as the situation is resolved.
12. Intellectual property
12.1. All elements of the Ermera platform, including the brand, design, code, texts and other content, are the property of Atelier de Software or its licensors, and are protected by the applicable intellectual property rights.
12.2. The user acquires no ownership right over the platform by using it. They are granted a non-exclusive, non-transferable licence to use it, limited to the term of the subscription.
12.3. Data entered by the user into the platform remains the property of the user. Atelier de Software claims no right over that data beyond what is necessary to provide the service.
13. Availability, maintenance and support
13.1. Atelier de Software will use commercially reasonable efforts to keep the platform available and operational.
13.2. The platform may be temporarily unavailable for scheduled or emergency maintenance. Whenever possible, scheduled maintenance is announced in advance and carried out outside business hours.
13.3. Atelier de Software does not guarantee uninterrupted availability and is not liable for losses arising from temporary service interruptions beyond its reasonable control.
13.4. The support channels available vary according to the subscribed plan, as indicated on the plans page of the site. Response times and service level commitments applicable to the Enterprise plan are set in the respective contract.
13.5. Neither party is liable for non-performance resulting from force majeure, namely natural disaster, armed conflict, act of public authority, widespread failure of communications networks or energy supply, or prolonged unavailability of third-party services essential to the service, provided that it notifies the other party of the occurrence and its foreseeable effects.
14. Limitation of liability
14.1. Ermera is provided as is. Atelier de Software does not warrant that the platform will meet all of the user's specific requirements or that it will operate without errors.
14.2. Atelier de Software is not liable for indirect or consequential damages, loss of profits, loss of data or business interruption resulting from the use of or the inability to use the platform.
14.3. The total liability of Atelier de Software towards the user is limited to the amount actually paid by the user in the 12 months preceding the event giving rise to the claim.
14.4. The limitations in this clause do not apply to damage caused by wilful misconduct or gross negligence, to damage to life, physical integrity or health, or to any other liability that the law does not allow to be excluded or limited.
14.5. Otherwise, these limitations apply to the fullest extent permitted by applicable Portuguese law.
15. Suspension and termination
15.1. Atelier de Software reserves the right to suspend or close the account of any user who breaches these terms, uses the platform for unlawful purposes or compromises the security or the operation of the platform.
15.2. In the event of suspension or closure for breach of the terms, there is no right to a refund.
15.3. Atelier de Software gives the user prior notice of its intention to suspend or close the account, allowing a reasonable period to remedy the situation, except in cases of urgency, manifest illegality or serious risk to the platform or to third parties.
16. Right of withdrawal (consumers)
16.1. Under Decree-Law no. 24/2014, of 14 February, if the user is a consumer within the meaning of Portuguese law, they have the right to withdraw from the contract within 14 days of the date the onboarding is completed, as determined under clause 6.4, without having to give a reason. The period runs from that date and not from the date the plan is contracted, because it is on that date that access to the platform begins.
16.2. To exercise this right, the user must contact Atelier de Software at hello@ermera.pt.
16.3. If the user has expressly requested that the service begin during the withdrawal period and exercises the right before it ends, they may be charged an amount proportional to the service already provided.
17. Third-party integrations
17.1. The platform integrates with third-party services, namely certified invoicing software such as Moloni, InvoiceXpress, Cegid PHC GO, Cegid Jasmin and Cegid Vendus, and payment processors such as SIBS, IfThenPay, Stripe, Eupago and Easypay.
17.2. Accounts with third-party services are contracted and maintained by the user, who connects them to the platform on their own initiative, with the exception of the Stripe account, created as a connected account through the platform under clause 2.4. Use of those services is governed by their respective terms and conditions, which the user accepts directly with each entity.
17.3. Atelier de Software is not responsible for the operation, availability, prices or policies of those services, nor for changes to their interfaces that affect the integration.
17.4. The user is responsible for keeping their accounts with the third-party services they use together with Ermera active and properly configured.
18. Personal data protection
The processing of personal data by Atelier de Software is governed by the Privacy Policy, available at ermera.pt/privacidade, which forms an integral part of these terms.
19. Assignment
19.1. The user may not assign their contractual position without the prior written agreement of Atelier de Software.
19.2. Atelier de Software may assign its contractual position in the event of restructuring, merger, acquisition or transfer of the business or of the assets allocated to Ermera, subject to prior notice to the user and without changing the contracted conditions.
20. Governing law and dispute resolution
20.1. These terms are governed by Portuguese law.
20.2. In the event of a dispute, the parties will seek to resolve it amicably. If that is not possible, the courts of the Judicial District of Sintra will have jurisdiction, without prejudice to any legally mandatory forum.
20.3. In consumer disputes, the consumer may refer the matter to the Lisbon Consumer Dispute Arbitration Centre (CACCL), which has jurisdiction over contracts entered into in the Lisbon Metropolitan Area, under Law no. 144/2015, of 8 September. The updated list of alternative consumer dispute resolution entities is available at www.consumidor.pt.
20.4. Consumer users may also use the European online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.
21. Changes to the terms
21.1. Atelier de Software may change these terms, notifying users through the platform or by email at least 15 days in advance. Changes to prices, included volumes and the price of excess charges are subject to the period set out in clause 7.6.
21.2. Continued use of the platform after the changes take effect constitutes acceptance of the new terms. A user who does not accept the changes may cancel their subscription before they take effect, under clause 10.
21.3. Atelier de Software keeps a record of the version of the terms accepted by each user, together with the date and time of acceptance.
22. Final provisions
22.1. Communications under these terms are made through the platform or to the email address associated with the user's account, which the user must keep up to date and operational. Communications from the user to Atelier de Software are addressed to hello@ermera.pt.
22.2. The invalidity or ineffectiveness of any clause does not affect the validity of the remaining ones, which remain in force.
22.3. Clauses whose nature so justifies remain in force after termination of the contract, namely those relating to intellectual property, limitation of liability, data protection, data retention and governing law.
22.4. Version 2.3. Publication date: 13 August 2026. Effective date: 15 days after notice to active users.