Effective Date: August 25th, 2025
Welcome to Portoll! These Terms of Service (the “Terms”) govern your access to and use of the Portoll platform, located at https://app.portoll.com (the “Service”), provided by Portoll (“Portoll,” “we,” “our,” or “us”). By creating an account, subscribing to a plan, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
1. Definitions
- Account: A registered profile created to access and use the Service.
- Customer Data: Information, content, and data that you or your members submit to the Service.
- Communities: Online groups created and managed by paid subscribers within the Service.
- Free Plan: A limited version of the Service offered without charge.
- Paid Plan: A subscription plan that enables you to create Communities, manage memberships, and collect dues or fees.
- Transaction Fees: A percentage of dues, subscriptions, or payments collected through the Service and retained by Portoll.
- SLA: The Service Level Agreement commitment set forth in Section 5.
2. Accounts & Registration
To use the Service, you must register for an Account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
3. Plans and Payment Terms
- Free Plan: Available at no cost; does not include the ability to create Communities with paid memberships. Comes with additional limitations of functionality.
- Paid Plan: Requires subscription payment. By enrolling, you authorize Portoll (or its payment processor) to charge your designated payment method.
- Transaction Fees: Portoll retains a percentage of each transaction processed through Paid Communities. Applicable rates are disclosed at checkout and may be updated with notice.
- Refunds: Except as required by law, all fees and transaction charges are non-refundable.
4. Acceptable Use
You agree not to:
- Use the Service for unlawful purposes or in violation of any laws.
- Upload or transmit harmful code, spam, or misleading content.
- Misuse the payment or dues-collection features (e.g., for fraud, laundering, or prohibited goods).
- Interfere with or attempt to disrupt the Service’s security or functionality.
Portoll reserves the right to suspend or terminate Accounts for violations of this policy.
5. Service Level Agreement (SLA)
Portoll commits to 99.9% uptime for the Service each calendar month, excluding scheduled maintenance and events outside our reasonable control.
- If uptime falls below this threshold for two consecutive months, Paid Plan customers may request a credit of up to one month of subscription fees.
- Credits are the sole and exclusive remedy for SLA breaches.
6. Free Plan Disclaimer
Free Plans are provided “as-is” without warranty of any kind. Portoll may modify or discontinue Free Plans at any time without liability.
7. Intellectual Property
The Service, including software, trademarks, logos, and all related content, remains the exclusive property of Portoll and its licensors. You retain ownership of Customer Data submitted to the Service but grant Portoll a worldwide, non-exclusive license to host, process, and display such data solely to operate the Service.
8. Confidentiality
Both parties agree to protect each other’s Confidential Information with the same degree of care used to protect their own. This obligation survives termination of these Terms.
9. Warranties & Disclaimers
- Portoll provides the Service “as-is” and disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
- Portoll does not warrant uninterrupted, error-free operation beyond the SLA commitments above.
10. Limitation of Liability
To the maximum extent permitted by law:
- Portoll’s total liability for any claim under these Terms will not exceed the greater of (a) the fees you paid in the 12 months before the claim or (b) $100.
- Portoll is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill.
11. Termination
You may cancel your Account at any time. Portoll may suspend or terminate Accounts if you breach these Terms or if your subscription/payment fails. Upon termination, your access will cease, but accrued payment obligations will survive.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Kentucky.
13. Changes to Terms
Portoll may update these Terms from time to time. Notice will be provided by email or via the Service. Continued use of the Service after changes take effect constitutes acceptance.
14. Contact
For questions about these Terms, please contact us at:
Portoll
400 East Vine Street, Suite 301,
Lexington, KY 40507
info@portoll.com
