Terms of
Service.

By accessing or using PortalKit (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not access or use the Service.

These Terms form a legally binding agreement between you (individually, or on behalf of your employer or another entity) and PortalKit (“we”, “our”, or “us”). If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under applicable consumer protection law, including (where applicable) the Australian Consumer Law (ACL) or EU/UK consumer rights legislation.

PortalKit provides a cloud-based client portal platform that enables freelancers and agencies to share files, track project progress, send and collect invoices, communicate with clients, and manage project delivery through a branded, shareable portal link.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time. Where practicable, we will provide at least 14 days' notice of material changes that negatively affect your use of the Service.

The Service is intended for business use by freelancers, contractors, and agencies. It is not a consumer product and is not designed for use by private individuals acting outside a professional capacity.

You must create an account to access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorised by you.

You must provide accurate, current, and complete information when creating your account and keep it up to date. You may not impersonate any other person or entity, or use a name or email address that you do not have the right to use.

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this requirement.

You may not transfer your account to any other person or entity without our prior written consent. You agree to notify us immediately of any unauthorised access to or use of your account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:

• Upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringe any intellectual property, privacy, or other rights of any third party
• Distribute malware, viruses, trojans, spyware, or any other malicious software or code
• Send spam, unsolicited commercial messages, or bulk communications
• Attempt to gain unauthorised access to any portion of the Service, other user accounts, or related systems or networks
• Use automated tools, scrapers, or bots to access or interact with the Service without our prior written consent
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service
• Resell, sublicense, or use the Service to build a substantially similar competing product or service
• Circumvent any rate limits, security controls, or access restrictions
• Engage in any activity that places a disproportionate load on our infrastructure

We reserve the right to investigate suspected violations and to suspend or terminate accounts, with or without notice, where a violation is found or reasonably suspected.

Paid plans are billed on a monthly or annual basis. Billing begins on the date you upgrade and renews automatically on the same date each billing cycle unless you cancel before the renewal date. All prices are displayed in USD unless otherwise stated.

We offer a 14-day free trial on paid plans. You will not be charged during the trial period. If you do not cancel before the trial ends, your selected plan will be billed automatically using the payment method you provided.

All fees are non-refundable except where required by applicable law. If you downgrade your plan mid-cycle, no refund or credit is issued for the unused remainder of the billing period. If you cancel an annual plan within the first 14 days and have not used the Service, you may request a pro-rata refund by contacting us at billing@portalkit.com.

We reserve the right to change pricing with at least 30 days' advance notice to your registered email address. Continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

If you are located in Australia, your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) are not excluded, restricted, or modified by anything in these Terms.

Your content:You retain all ownership rights in the content you upload, create, or store through the Service (“User Content”). By using the Service, you grant PortalKit a limited, non-exclusive, royalty-free, worldwide licence to store, copy, display, and transmit your User Content solely as necessary to provide the Service to you. This licence terminates when you delete the content or close your account.

Our platform: PortalKit and its underlying technology, software, trademarks, trade names, logos, and design elements are owned by PortalKit or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as described in these Terms.

Feedback: If you submit suggestions, ideas, enhancement requests, or other feedback about the Service, you grant us a perpetual, royalty-free licence to use that feedback without compensation or attribution.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

We target 99.9% monthly uptime for the Service and will communicate planned maintenance in advance. We do not guarantee any specific availability level and are not liable for any losses resulting from downtime, data unavailability, or interruptions outside our reasonable control.

Scheduled maintenance windows will be communicated via email or the Service interface at least 48 hours in advance where practicable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, error-free, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any content on the Service.

Nothing in this clause limits any statutory guarantee or consumer right that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTALKIT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO PORTALKIT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

IN NO EVENT SHALL PORTALKIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the legal theory under which damages are sought (contract, tort, strict liability, or otherwise) and regardless of whether the limited remedies fail of their essential purpose.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

You may cancel your account at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until that date.

We may suspend or terminate your access to the Service immediately, with or without notice, if you materially breach these Terms, fail to pay outstanding fees, or engage in activity that poses a risk to our platform, other users, or third parties.

Upon termination, you may export your data for up to 30 days. After that period, all user data will be permanently deleted in accordance with our Privacy Policy. We will send reminder emails before permanent deletion occurs.

Provisions that by their nature should survive termination (including intellectual property, limitation of liability, dispute resolution, and payment obligations) will continue to apply after termination.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles, except that mandatory consumer protection laws in your jurisdiction (including the Australian Consumer Law) will also apply to the extent required.

Before initiating any legal proceedings, you agree to contact us at legal@portalkit.com to attempt to resolve the dispute informally. We will make a good-faith effort to resolve disputes within 30 days of notice.

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Delaware. Judgement on any arbitration award may be entered by any court of competent jurisdiction.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction without waiving the right to arbitration. The class action waiver below does not apply where prohibited by law.

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED PROCEEDING, OR CLASS-WIDE ARBITRATION.

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and PortalKit regarding the Service and supersede any prior agreements or representations.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce it in the future.

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

For questions about these Terms, contact us at legal@portalkit.com.