For your convenience, we have provided a translation of this page below. This translation is for informational purposes only, and the official and definitive version of this page is the Portuguese version. If you have any questions, please contact the Optimal team through our Contact page.

Last Updated: 06/05/2026 | Optimal Labinfy

Software as a Service Terms of Use

This software-as-a-service terms of use ("Terms") records: (a) the conditions required for contracting the services provided by OPTIMAL TECNOLOGIAS E GESTAO LTDA., a private legal entity registered under CNPJ/MF No. 47.187.014/0001-20, headquartered in the city of Campinas/SP, at Rua Emílio Ribas, No. 805, Room 14 ("Optimal" or "Licensor"), through the licensing of the computer program (software) called Optimal Labinfy ("Labinfy", "Platform" or "Software"), exclusively owned by Optimal — available on the sites and/or subdomains optimal.com.br and labinfy.com ("Sites") -, which comprises the computer program itself and may include associated physical media, as well as any printed materials and/or online or electronic documentation; and, (b) YOUR expression of intent to contract the license to use the Labinfy Software as a service, under the terms specified below.

This means that, by adhering to ("Contracting Documents"):

(1) these Terms;
(2) the Privacy Policy, available at https://optimal.com.br/legal/privacy-policy;
(3) the Payment Policy, available at https://optimal.com.br/legal/payment-policy-labinfy/; and, finally,
(4) any Commercial Proposal;

YOU ("Licensee") voluntarily agree and are bound by the conditions, terms, specifications, obligations, burdens, and responsibilities set out in the respective Contracting Documents and must - as well as Optimal - observe and ensure their full compliance.

In this context, the Licensee declares:

to have read, understood, and fully and voluntarily accepted the content of these Terms, as well as the rights, obligations, and responsibilities arising from them, acknowledging that the Terms constitute the full agreement between the Licensee and Optimal;
to have read, understood, and fully and voluntarily accepted the content of the Privacy Policy available at https://optimal.com.br/legal/privacy-policy, as well as the rights, obligations, and responsibilities arising from it, freely, voluntarily, and expressly consenting to the actions of collection, use, storage, and general processing of information and personal data addressed in that Privacy Policy;
to be aware that operations underlying your actions/behavior on Optimal's website, such as but not limited to acceptance and/or termination of these Terms, will be recorded in Optimal's databases, together with the date and time performed by the Licensee, and such information may be used as evidence by the parties signing these Terms, regardless of any other formality;
to be aware that, in any case, Optimal and the Licensee must strictly comply with Brazilian law, especially tax, labor, and social security obligations, whether principal or ancillary, as well as Brazilian data protection and information security law and any others;
to be aware that the service offered by Labinfy Software is an obligation of means and not of result, which is why it is essential, for a good Licensee experience, that correct information and parameters be entered in the Software in compliance with Optimal's guidelines and recommendations, always observing current law;
to be aware that use of the Software as a service, object of these Terms, shall be governed by the Civil Code and applicable legislation, including Law No. 9,609/1998, which regulates ownership and commerce of computer programs in Brazil;
to be aware that proper use and benefit from the Software requires implementation, support, maintenance, and user training.

Aware of this, the Licensee and Optimal ("Parties") mutually and voluntarily commit to the following, and all terms beginning with a capital letter, whether singular or plural, shall be interpreted according to the meaning assigned by these Terms, the Privacy Policy, the Payment Policy, and/or the Commercial Proposal.

1. PURPOSE

1.1. Under the Contracting Documents, Optimal shall provide the Licensee with services embodied in Labinfy's functionalities - essentially for managing samples, tests, results, and laboratory workflows - through paid, non-exclusive licensing of Software use ("Services").

1.2. Services will be provided to the Licensee in two possible alternative formats: (a) temporary and free ("Trial"); or (b) definitive and paid ("Plan"), as described on Optimal's website (https://optimal.com.br⁄pricing), and the Licensee must formally choose one of them through the contracting link available at that same address.

1.2.1. Plans may be contracted by the Licensee in three modalities: "Starter Plan", "Pro Plan", and "Enterprise Plan", whose characteristics, functionalities, usage limits, prices, and commercial conditions are described on Optimal's website (https://optimal.com.br⁄pricing).

1.2.2. When choosing the desired Plan, the Licensee must also select the Software usage mode, which may be Optimal cloud or self-managed ("On-Premise") by the Licensee itself ("Usage Mode"). This option will define how Optimal will implement the Software, as well as the Platform's initial configuration.

1.3. To contract the Services, the Licensee must complete an electronic registration on Optimal's website, according to the Privacy Policy, through which it will choose the contracting format (Trial or Plan) and desired Usage Mode. Contracting formalized through express acceptance sent by email by the Licensee, or its duly authorized representative, in response to a proposal or terms sent by Optimal, is equally valid and binding.

1.4. If the Licensee chooses the On-Premise infrastructure Usage Mode, the Licensee must independently contract installation services with Optimal, which include initial and customized Software configuration, with scope to be negotiated with Optimal at each contract ("Installation").

1.5. In addition to contracting Plans, the Licensee may independently contract Implementation services with Optimal, which include training on System use and configuration, with scope to be negotiated with Optimal at each contract ("Implementation").

1.5.1. When contracting any Plan in cloud Usage Mode, Optimal will offer the Licensee, free of charge, a single training session for Software use, via a presentation conducted by a technician designated by Optimal ("Free Training").

1.5.1.1. Free Training must be requested by the Licensee within the first 90 (ninety) calendar days of Plan validity, under penalty of definitive loss of the right to Free Training.

1.5.2. If the Implementation Service is not used in full, there will be no refund of amounts paid nor granting of any kind of future credit.

1.6. Optimal will provide the Licensee (and end users of the Software), free of charge, professional technical support services for Labinfy use, to solve questions related to Platform operation ("Support").

1.6.1. Support may be requested through the channels listed below, available Monday to Friday, from 8:00 AM to 6:00 PM, except holidays ("Support"):

(i) WhatsApp +19 9 9797 4003
(ii) Email address [email protected]

1.7. After contracting a Plan, Optimal may, in order to improve the Software, add or remove Labinfy functionalities or resources. When adding new functionalities to the Software, Optimal may adjust originally contracted remuneration and/or create new Plans, according to prices and conditions described on Optimal's website, namely https://optimal.com.br⁄pricing. If that occurs, the Licensee will be notified.

1.8. Labinfy is a system exclusively aimed at managing samples, tests, results, and laboratory workflows, and aims to help the Licensee implement improvements in its laboratory data management practices and processes. Optimal, however, does not guarantee achieving any specific economic or business result through mere use of the Software, it being certain that service provision is an obligation of means and not of result.

1.8.1. Registration and entry of data/information required for calculations and formulas presented by the Software are solely the Licensee's responsibility, and the Licensee shall be solely responsible for the correctness and accuracy of data/information entered into Labinfy.

2. OBLIGATIONS OF THE PARTIES AND WARRANTIES

2.1. In addition to the obligations already provided in these Terms, the Licensee undertakes to:

to strictly comply with the Payment Policy available at https://optimal.com.br/legal/payment-policy-labinfy;
observe Software use instructions and guidelines presented by Optimal in these Terms and/or in any other format;
notify Optimal as soon as possible about any leaks and/or incidents of any nature involving personal data and relevant information, related or not to Software use, that may compromise and/or affect, directly or indirectly, provision of Services and/or Optimal's assets.

2.2. Optimal guarantees to the Licensee that Labinfy will function regularly, provided the conditions of use defined in these Terms are respected. In the event of Software failures ("Bugs"), Optimal shall be obligated to correct them, and may, at its sole discretion, replace the copy of the Software with Bugs with corrected copies.

2.3. For the Cloud Usage Modality, Optimal shall make commercially reasonable efforts to keep the Software available for at least 99% (ninety-nine percent) of the contracted time ("Service Level Commitment"). Should Optimal fail to meet the Service Level Commitment, the Licensee may claim from Optimal reimbursement of the Price proportional to the time the Software was unavailable, if paid, as set forth on Optimal's website (https://optimal.com.br/legal/payment-policy) ("Service Credit").

2.3.1. Any Software unavailability caused by the hypotheses below does not constitute non-compliance by Optimal with the Service Level Commitment:

interruption of electricity supply or emergency outages;
factors beyond Optimal's reasonable control, including force majeure or internet access and related issues;
omission by the Licensee, third parties, or third-party applications;
hardware or other software or technology problems used by the Licensee that prevent regular access to Labinfy;
failures of individual Licensee instances;
network management practices that may affect its quality.

2.3.2. The Service Level Commitment is conditioned on correct and accurate entry of data/information into the Software by the Licensee and/or persons designated by it, and on proper installation and operation of the Software on hardware platforms of reliable origin and within the minimum configuration required by Optimal.

2.3.2.1. The Service Level Commitment does not cover failures resulting from Software incompatibility with the operating system or browser, nor failures, errors, damages, and/or losses arising from natural Software obsolescence, nor from incorrect and/or inaccurate information and data entered into the Software by the Licensee, nor from acts of third parties carried out with negligence, recklessness, or lack of technical skill in using the Software.

2.3. In addition to the obligations already provided for in this Agreement, Optimal shall also be obligated to keep confidential all information and/or data to which it has access by reason of providing the Services, as provided in our Privacy Policy (https://optimal.com.br/legal/privacy-policy).

3. TERM OF VALIDITY AND TERMINATION NOTICE

3.1. These Terms shall be effective from the date of acceptance by the Licensee and for a period of 1 (one) month or 12 (twelve) months, depending on the Plan modality chosen by the Licensee ("Validity Term").

3.1.1. If the Licensee chooses the monthly Plan modality, these Terms will be automatically renewed for an additional 1 (one) month, observing the price table in force at the time of renewal.

3.1.2. If the Licensee chooses the annual Plan modality, these Terms will be automatically renewed for an additional 12 (twelve) months, observing the price table in force at the time of renewal.

3.2. These Terms shall be immediately terminated:

(a) by interruption of Price payment, if the Licensee has chosen the monthly Plan modality (which does not exempt the Licensee from the duty to pay Optimal the Price proportional to Services already provided); or
(b) by expiration of the Validity Term, if the Licensee has chosen the annual Plan modality; or, also,
(c) by written communication of intent by either Party to terminate the 12 (twelve) month contract, without such conduct generating any burden or penalty for the Parties; in this case, no amount paid by the Licensee to Optimal will be refunded, including in annual contracts;
(d) by total dissolution, liquidation, judicial recovery, and/or bankruptcy of either Party, without prejudice to the duty to pay the Price corresponding to Services already rendered.

4. PRICE AND PAYMENT

4.1. For provision of the Services, the Licensee shall pay Optimal the specified price ("Price"):

(a) on Optimal's website (https://optimal.com.br/legal/payment-policy), subject to the conditions established there, depending on the Plan chosen by the Licensee; or
(b) in the commercial proposal signed by Optimal and the Licensee ("Commercial Proposal"), with the Commercial Proposal prevailing in case of conflict between its content and the information available on the referenced site.

4.2. The price table for the Services offered by Optimal will always be available at: https://optimal.com.br⁄pricing and may be reviewed and updated by Optimal, at any time and at its sole discretion, without prejudice to Optimal's obligation to comply with this and all other Terms in force and in progress ("Adjustments").

4.2.1. Adjustments will be applied based on variation of official inflation indexes, technological evolution, feature updates, market price changes and variations, operational costs, commercial policies, and/or variation in plan structure.

4.3. Optimal may, at its sole discretion, grant discounts or differentiated commercial conditions to the Licensee, which must be included in a Commercial Proposal signed by Optimal and the Licensee. Any discounts on the Price will not, under any circumstances, constitute an acquired right for future contracts by the Licensee. Optimal may renew, change, or cancel previously granted Price discounts, provided it informs the Licensee in advance.

4.4. Contracting the Enterprise Plan may be enhanced by signing a separate and specific agreement by the Licensee and Optimal ("Enterprise Agreement"), which, if signed, will fully replace these Terms; therefore, in case of conflict between the Enterprise Agreement and these Terms, the Enterprise Agreement shall prevail.

5. SOFTWARE OWNERSHIP

5.1. The Software is the exclusive property of Optimal; therefore, from the date these Terms are signed, the Licensee, as well as Software users and third parties linked to it in general, is prohibited from:

(a) assigning, selling, leasing, pledging, donating, alienating in any form or manner, or transferring the Software, in any of its forms, free of charge or for consideration, provisionally or permanently, without prior and express authorization from Optimal, as well as its manuals, training materials, and/or any information related to the Software;
(b) modifying, updating, using as a basis for development of other software, expanding, or changing in any way, without prior and express consent from Optimal, the Software's characteristics and/or source code and/or code libraries related to the Software, it being agreed that any change, at any time, that must be made to the Software may only be performed by Optimal;
(c) using the Software for purposes different from those for which the Services were contracted.

6. IMMEDIATE AND AUTOMATIC SERVICE INTERRUPTION FOR DEFAULT

6.1. Contracting of the Services will be automatically and immediately interrupted, by operation of law, by Optimal if the Licensee fails to pay the Price and/or breaches any obligations provided by Brazilian law, these Terms, especially but not limited to item 5.1, or in cases of bankruptcy, composition with creditors, and/or liquidation of either Party ("Automatic Termination").

6.1.1. Interruption of Services on any grounds authorizes Optimal to block the Licensee's access to the Software and obliges the Licensee to delete, remove, and/or uninstall the Software from any and all computers, machines, equipment, and/or hardware of any kind on which the Software has been installed, together with any other materials that were made available and/or delivered, free of any charges, liens, debts, or encumbrances of any nature.

7. NO EXCLUSIVITY

7.1. Optimal may provide the same Services to third parties through Labinfy and may freely license the Software to third parties at its sole discretion and convenience, without requiring any manifestation, knowledge, intervention or consent from the Licensee in any capacity.

8. PENALTIES

8.1. Except for interruption in payment of the Price (which will not generate any penalty), in all other cases of Automatic Termination, especially but not limited to Automatic Termination due to breach of item 5.1 of these Terms, the defaulting Party shall pay the innocent Party an amount equivalent to 100% (one hundred percent) of the contracted Plan Price, as a penalty ("Fine"), without prejudice to reimbursement of any losses and damages, in a single installment, by bank transfer to the account held by the innocent Party, to be indicated in due course, within 10 (ten) business days from receipt of an out-of-court notice sent by the innocent Party to the defaulting Party specifically for that purpose.

8.1.1. Unauthorized reproduction or improper use of the Software by the Licensee, or any other violation of Optimal's copyrights related to the License and authorizations under these Terms, shall also trigger Automatic Termination and the resulting Fine, without prejudice to the following measures to be complied with by the Licensee:

(a) pay Optimal twice the License price for each Software access issued without authorization, whether distributed, used, and commercialized or not in the market, observing the deadline and payment conditions set forth in item 8.1 of these Terms;
(b) indemnify Optimal, as losses and damages of any nature for copyright infringement, in the amounts determined by Optimal at the time, in the appropriate legal action, based on the market value of each copy of the Software, observing the deadline and payment conditions set forth in item 8.1 of these Terms.

9. NOTICES

9.1. Out-of-court notices provided in these Terms ("Communications") shall be made in writing and sent by email, with delivery and read receipt, to the electronic address and to the responsible persons indicated below:

Attention: Marcia de Almeida Prado Amaral

Email: [email protected]

Cc: [email protected]

9.2. Communications delivered according to the item above shall be deemed received on the date the email is sent to the electronic addresses listed above, and the Parties are responsible for updating such information whenever necessary.

9.3. Communications and notices to the Licensee arising from contracting the Services shall be made by Optimal through the channels and data provided by the Licensee itself in its registration at the time of contracting.

9.3.1. Under item 9.3 of these Terms, the Licensee undertakes to keep its registration data with Optimal always up to date and valid, so that any notices and communications arising from contracting the Services occur efficiently and validly; therefore, communications sent by Optimal to the addresses and other channels registered by the Licensee in Optimal's database shall be deemed delivered.

10. THIRD-PARTY PROCESSORS

10.1. Optimal shares information related to our users with selected third parties that provide a variety of services supporting delivery of the Services ("Third-Party Processors"). These Third-Party Processors range from technical infrastructure providers to customer support services and authentication tools. Optimal ensures that information management performed on its behalf by Third-Party Processors will be carried out in accordance with these Terms, the Privacy Policy, and legislation that guarantees information security and personal data privacy in Brazil.

10.2. Third-Party Processors may be located in or process the Licensee's information outside Brazil. In cases where Optimal's use of Third-Party Processors involves international transfer of personal data, Optimal will take necessary measures to ensure personal data is duly protected.

10.3. Types of Third-Party Processors with whom Optimal may share personal data include:

(a) payment processors engaged by Optimal to securely store or manage payment information, such as credit or debit card details;
(b) email management and distribution-tool providers, which may be engaged if the Licensee chooses to receive email notifications of released samples, for example, or other system messages for proper use of the Software;
(c) security and fraud-prevention service providers engaged by Optimal to identify automated software agents that may harm the Services, or to prevent misuse of its APIs;
(d) software platform providers that help Optimal with communication or customer service management;
(e) online cloud storage service providers and other essential IT services.

11. GENERAL PROVISIONS

11.1. These Terms bind Optimal, the Licensee, and their successors under any title; however, they are prohibited from transferring the rights and obligations agreed herein.

11.2. At any time, without prior notice, Optimal may designate an employee, representative, or legally appointed professional to audit Software use, for the purpose of attesting compliance with provisions set forth in these Terms.

11.3. All rights provided in these Terms and in applicable law are cumulative and optional, and non-exercise of any of them shall not prevent the signatory Parties from exercising them at any time.

11.4. Tolerance or omission by the signatory Parties regarding non-compliance with deadlines and obligations provided herein shall not be considered waiver of rights stipulated here, nor forgiveness or contractual novation, and the tolerant party may fully require the other party to comply with each stipulation of these Terms.

11.5. Any invalidity, nullity, or unenforceability of any clause or provision of these Terms shall not affect the others, which shall remain valid and enforceable.

11.6. Early performance by the signatory parties of any obligation provided in these Terms shall not trigger early performance of obligations by the other party.

11.7. These Terms may be periodically amended at Optimal's sole discretion. Optimal, however, guarantees that such eventual changes will not reduce the Licensee's rights without its consent. Optimal will always indicate amendment dates on its website and will permanently make previous versions of these Terms available. If changes are significant, Optimal will highlight a notice on its website and send the Licensee an email notification, all to provide publicity and visibility for such changes.

11.8. Any conflict arising from interpretation of these Terms or related to provision of the Services shall be resolved in the courts of the District of Campinas, State of Sao Paulo, Brazil.