1. Introduction

Welcome to PortalTrac (the "App"). These Terms of Use ("Terms") govern your access to and use of the App, which is owned and operated by PortalTrac LLC[COMPANY NAME] ("Company," "we," "us," or "our"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the App.

2. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet the eligibility requirements. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the App and that they have read and agreed to these Terms on your behalf.

3. Account Registration

3.1 Account Creation

To access certain features of the App, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share information about you when you use the App. By using the App, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

5. User Content

5.1 Content Ownership

The App may allow you to submit, post, or share content ("User Content"). You retain all rights in and to your User Content, and you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the App and our business.

5.2 Content Restrictions

You may not post, upload, or share User Content that: - Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable - Infringes any patent, trademark, trade secret, copyright, or other proprietary rights - Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware - Is false, misleading, or designed to impersonate any person or entity

6. Prohibited Conduct

You agree not to: - Use the App for any illegal purpose or in violation of any local, state, national, or international law - Interfere with or disrupt the App or servers or networks connected to the App - Attempt to gain unauthorized access to the App, other users' accounts, or computer systems or networks connected to the App - Use any robot, spider, site search/retrieval application, or other automated device to access the App or content - Collect or harvest any information about other users - Create multiple accounts or engage in any activity that may impair the proper functioning of the App

7. Intellectual Property

7.1 Company Content

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use only.

8. Third-Party Links and Content

The App may contain links to third-party websites or resources and third-party content. We are not responsible for the availability of such external sites or resources or content, and we do not endorse and are not responsible for any content, advertising, products, or other materials on or available from such sites or resources.

9. Subscription and Payments

9.1 Subscription Terms

If the App offers subscription services, you agree to pay all fees associated with the subscription plan you choose. Subscription fees are non-refundable except as required by law or as otherwise specified in these Terms.

9.2 Billing

Payment will be charged to your selected payment method at confirmation of purchase and at the beginning of each subscription period. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.

9.3 Price Changes

We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any such changes by sending an email to the address associated with your account or by posting a notice on the App.

10. Termination

10.1 By You

You may terminate your account at any time by following the instructions in the App or by contacting us.

10.2 By Us

We may terminate or suspend your account and access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.

11. Disclaimer of Warranties

THE APP 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.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP.

13. Indeminification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the App or violation of these Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Massachussetts, U.S., without regard to its conflict of law provisions.

15. Dispute resolution

15.1 Informal Resolution

If you have any concerns or disputes about the App, you agree to first try to resolve the dispute informally by contacting us.

15.2 Arbitration

If we are unable to resolve a dispute through informal means, any dispute arising out of or relating to these Terms or the App shall be finally settled by binding arbitration administered by [ARBITRATION PROVIDER] in accordance with its rules.

15.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on the App. Your continued use of the App after such notification constitutes your acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

17.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

18. Contact Information

If you have any questions about these Terms, please contact us at:

PortalTrac LLC
info@portaltrac.ai

Last Updated: March 10, 2025