PORT
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Terms of Service

Last updated: 11 January 2017

Users of the Services offered by PORT acknowledge and accept these terms and conditions.

Owner of PORT and related Services

PORT Tech Ltd (United Kingdom) Contact: hello@port.im

Information about PORT

PORT is a cloud personal information platform that allows users to collect their personal information in a secure online account and selectively share it with organisations they trust. PORT enables businesses and organisations to manage personal data efficiently, effectively, and compliantly.

Personal Information provided by the User

Users are responsible for their own Personal Information and that of third parties that they store and share through PORT, that they upload and make available on or through PORT, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with PORT and hereby indemnify PORT for any liability or claim arising against PORT in connection with illegal distribution of third-party content or unlawful use of the Service.

PORT does not moderate the Personal Information or content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

Rights over Personal Information provided by Users

Users grant PORT the rights necessary to operate and maintain PORT and to make available any Personal Information provided by a User to any other User upon the terms stated at the time and formal consent being provided by the User (Data Subject) to whom the personal information relates.

Services provided by third parties

Users may use third-party services or share Personal Information included in PORT, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will PORT be deemed liable in relation to the proper conduct, functionality or availability, of third-party services.

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

After registering on PORT, Users can import Personal Information stored in third-party services of their choice supported by PORT into the application. Users may also import Personal Information into the application by setting up an external integration using PORT’s API or simply by manually adding it into PORT.

Paid services

The Service is free to individuals.

PORT provides businesses and organisations with personal information management, compliance and other services and subscriptions available upon payment of a fee.

Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. PORT may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

Refunds

You may cancel your PORT account at any time; however, there are no refunds for cancellation. In the event that PORT suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any PORT property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Trial period

In the event that PORT offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by PORT. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Automatic renewal

Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then PORT may be forced to cancel their subscription when it runs out.

The Service is provided "as is"

The Service is provided by PORT “as is”, with no express or implied warranty for accuracy or availability.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of PORT and of its Service without PORT’s express permission, granted either directly or through a proper reselling program.

Indemnity

The User agrees to indemnify and hold PORT and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Forbidden use

The Service shall be used only in accordance with these Terms.

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on PORT or any portion of it;
  • circumvent any technology used by PORT or its licensors to protect content accessible via it; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through PORT;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of PORT or its content; rent, lease or sublicense PORT;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • use PORT in any other improper way that violates these Terms.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time by directly contacting PORT. PORT reserves the right to suspend or terminate the User’s account at any time and without notice.

Privacy Policy

For information about the use of their personal data, Users must refer to the privacy policy of PORT.

Copyright

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning PORT are, and remain, the exclusive property of PORT or its licensors and are protected by the laws in force on trademarks and by related international treaties.

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use PORT.

Limitations of liability

The User expressly releases and exempts PORT from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

PORT shall take any appropriate security measures to prevent unauthorised access or disclosure of the Personal Information imported into the application. PORT shall not be liable for any unauthorised access or disclosure of Personal Information or data caused by any event beyond the PORT’s reasonable control or which could not have been foreseen or prevented by PORT.

PORT’s total liability to you or any third party arising out of these terms or in connection with any use of PORT, shall in no event exceed the subscription fees paid by you during the twelve months prior to the first event or occurrence giving rise to such liability.

Changes to these Terms

PORT reserves the right to modify these Terms at any time, informing Users by publishing a notice within PORT. Users who continue to use PORT after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

PORT reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of PORT.

Contacts

All communications relating to PORT must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where PORT has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Definitions

Service

The service provided by PORT as described in these Terms and in PORT.

User

Any user of the Service, whether a human being or legal entity.

Personal Information

Personal Information means any information relating to an identified or identifiable natural person (Data Subject).

Terms and Conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the PORT.