Portal Labs Ltd

Terms & Conditions

Last Updated: 14th January 2019

Welcome to Portal. The following Terms of Service apply to all services (the “Services”) provided by Portal Labs Ltd (“Portal”) located at https://portal.app (the “Site”) and our mobile application (the “App”). These Terms of Service (the “Terms”) govern your usage of our Services, so please read them carefully.

Agreement to our Terms

By downloading or using our App, the Site or any of our Services, you automatically agree to these Terms. You should ensure that you read them carefully before using our Services.

Privacy Policy

Please also refer to our Privacy Policy located at https://portal.app/privacy for information on how we use, disclose and collect data from our users. By using our Services you acknowledge and agree to the terms stated in our Privacy Policy.

Changes to our Terms

We may update or otherwise modify our Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on this page updating the “Last Updated Date” to indicate when the changes are effective or by other communication. Please read the updated Terms carefully as by continuing to use our Services after this date you will be deemed to have accepted the updated Terms. If you do not agree to any component of the Terms, you are not permitted to use the Services and must stop doing so immediately.

Service Eligibility

You may use the Services and Content only if you have the legal capacity to form a binding contract with Portal, you accept these Terms and the Terms of our Privacy Policy and are in compliance therewith and with all applicable laws rules and regulations. These Services do not address anyone under the age of 13. You may use these Services only if you are 13 years or older (or equivalent minimum age in the jurisdiction where you reside) and are not barred from using these Services under applicable law. To make a purchase you must be 18 years or older.

Usage

We reserve the right to make changes to our Services or to charge for its services, at any time and for any reason. We will never charge you for our Services without making it very clear to you exactly what you’re paying for.

Although the Site, the App, the Services and the Content are accessible worldwide, the Services and Content are not available to all persons in all countries. If you choose to access or use the Site, App, Services or Content in any jurisdiction, you are responsible for compliance with the applicable local laws relating to the use of or otherwise connected with the Site, App, Services and Content in that jurisdiction. To the extent that the Site, App, Services and Content would infringe the laws of the jurisdiction from which you are accessing the same, you are prohibited from accessing or using the same in attempt to do so. This provision shall apply notwithstanding any other provision of the Terms.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Portal regarding future functionality or features.

User Registration

Portal Services stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your devices and access to our Services secure. We therefore recommend that you do not jailbreak or root your phone or computer, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone or computer vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App, Site, Content or Services won’t work properly or at all.

You may be required to register for use of our Services and Content. You agree to keep your password confidential and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change your username if we determine, in our sole discretion, that such a username is inappropriate, obscene or otherwise objectionable.

Guidelines for Review & Submissions

There may be areas contained within our Services to leave reviews or ratings. When posting a review you must comply with the following criteria: (1) you have first-hand experience with the service or entity being reviewed; (2) your reviews should not contain offensive, abusive, racist or hate language; (3) your reviews should contain no discriminatory references based on religion, race, gender, age, national origin, marital status, sexual orientation or disability; (4) your reviews should not contain references to illegal activity; (5) you are not affiliated with a competitor if posting negative reviews; (6) you are not posting false or misleading reviews; (7) you cannot organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject or remove reviews in our sole discretion. We have no obligation to screen reviews or delete reviews. Reviews are not endorsed by us, and do not represent the opinions or views of us or any of our affiliates or partners.

By posting a review, your hereby grant to Portal the rights to use this content worldwide and royalty free. Portal has the right to use any review as part of our business, marketing or promotional material.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding our Services (“Submissions”) provided by you to us are non-confidential and once submitted are our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without prior compensation or acknowledgement to you. You hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You indemnify and hold us harmless for or in connection with any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Service Usage

Certain functions of our Services require the user to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. If you’re using the Service outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Service, or other third party charges. In using the Service, you’re accepting responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Service, please be aware that we assume that you have received permission from the bill payer for using the Service. You need to make sure that your device stays charged to benefit from the Services.

You agree that the Services and any content are not intended or designed to prevent, treat or diagnose any condition or disease and should not replace professional advice or medical care.

Do not use our Services while operating heavy machinery, driving or performing any task that requires your attention and concentration.

By agreeing to these Terms you understand that you are solely responsible for your use of the Services. You agree that Portal takes no responsibility for any issues or consequences that follow a failure of any of the Services to work fully, including, but not limited to, the alarm and timer functionality. You understand and agree that you will not rely on Portal to deliver these functionalities.

Content & Content Rights

In these Terms, “Content” means all editorial content, information, text, images, video, illustrations, audio, artwork, graphics, music, software and authored works of any kind.

Portal and its licensors exclusively own all right, title, and interest in and to the Content. This includes all associated intellectual property rights. By using our Services, you acknowledge all Content is protected by copyright, trademark, design rights or other proprietary rights notices incorporated in the Services or Content. Except as expressly permitted in these Terms, you may not (a) copy, modify or created derivative works based on the App or the Content in whole or in part (b) reproduce, retransmit, distribute, sell, sub-license, lease, lend, rent, publish, broadcast or circulate the App or its content whether in whole or in part, (c) reverse engineer, decompile or disassemble the App or (d) make the functionality of the App available to multiple users through any means, in each case without our prior written consent.

In agreeing to these Terms and our Privacy Policy and at such times as you are in compliance with the same, Portal grants you a non-exclusive, non-transferable, non-sublicensable and limited licence to view, and listen to the Content, install a copy of the App and the Content on a mobile device or computer that you own or control and to run such copy of the App solely in compliance with these Terms and for your own personal and non-commercial purposes. Portal reserves all rights in and to the App and the Content not expressly granted to you under these Terms. You may not copy the App or any of the Content except for making a reasonable number of copies for backup or archival purposes.

Warranty Disclaimer

You agree that your use of our Services will be at your sole risk. To the fullest extent permitted by law, we exclude and disclaim all warranties, terms, conditions and representations whether express or implied, in connection with the App, the Site and the Services and you use thereof including, but not limited to, warranties and conditions of merchantability, fitness for particular purposes, accuracy and non-infringement. In particular, we do not represent or warrant that the Site or App will be error-free, free of viruses or other harmful components, that defects will be corrected, that the Services will be available on an uninterrupted, timely or secure basis or will be compatible with your computer, mobile or other devices.

We do not warrant, represent, enforce, guarantee or assume responsibility for any product or service advertised or offered by a third party through, or in connection with, the Services and we will not be a party to, or in any way monitor any transaction between you and third party providers of such services. We make no suggestions or recommendations of products or services offered or purchased through the Services or products offered or purchased through the Services.

Through our Services we may provide you information regarding products or services offered by third parties (‘Third Party Information”). All product or service information is provided for your convenience, “as is” and “as available” and we do not represent, warrant or guarantee that such Third Party Information will be available, accurate or reliable.

Limitation of Liability

Nothing in these Terms shall be interpreted or construed so as to limit or exclude liability that cannot be so limited or excluded under applicable law.

To the maximum extent permitted by applicable law we assume no liability or responsibility:

  1. for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages;
  2. for any losses arising out of or in connection with (1) errors, mistakes or inaccuracies of content and materials; (2) personal injury or property damage of any nature resulting from your access to our Services or Content; (3) any unauthorised access to or use of our secure servers and/or the personal information (if any) stored therein; (4) any interruption or cessation of transmission to or from the site; (5) any bugs or viruses, trojan horses, other harmful components or the like that may be transmitted to or through the Services by any third party; (6) any issues or damage arising to the hardware in which Portal is consumed, viewed or used; and (7) any issue that follows a malfunction in any of the features provided as part of our Services or Content.

Indemnity

You will indemnify and hold harmless Portal and its offices, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonably legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or the Content or (b) your violation of these Terms.

Termination, Suspension etc.

We may also wish to stop providing the Service, and may suspend or terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will immediately terminate, and (b) you must stop using the Service, and (if required) delete it from your device.

General

Failure or delay by us in enforcing any of the Terms shall not be construed as a waiver of any of our rights under it.

The illegality, invalidity or unenforceability of any part of these Terms will not affect the legality, validity or enforceability of the remainder.

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Portal. Portal may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Governing Law and Jurisdiction

These Terms (and any non-contractual claims arising in relation to them) that in all respects be subject to the exclusive jurisdiction of the English courts. We retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, please contact us at info@portal.app.