Terms of service

Introduction

We provide content management services (the “Services”) for portfolio websites. The content management services consist of a frontend and backend system. The frontend system is a software and database scheme for publishing a portfolio website that is installed on the user’s web hosting provider. The backend is a Software as a Service (SaaS) hosted on our servers allowing users to manage their website and data.

BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICES.

Registration

You must be at least eighteen (18) years old and not a minor in the jurisdiction in which you reside to register for an account. You have to provide your first and last name and an email address for creating an account. All personal information that you provide to us will be treated in accordance with the terms of our privacy policy. You are solely responsible for all activities that occur on your account. You must immediately notify us of any breach of security or unauthorized use of your account.

Payments, Refunds, Cancellation Policy and Right of withdrawal

By using the Services, you agree to pay a monthly subscription fee indicated on our website and any taxes applicable on those fees. The subscription fees are payable by Stripe in full advance on a monthly or yearly basis. We reserve the right to change the subscription fees at any time. By paying the subscription you are allowed to use the Services for the management of one website. Further subscriptions are required for managing more websites.
You may test out the Service for a limited time before paying a subscription. The subscription will not start until you actively select a subscription plan within the Services. Hence, the subscription does not start automatically by registration.

Cancellation and Refunds

You may end your subscription at any time by either stopping to pay the subscription fee or by following the instructions in the termination section of this agreement. In this case you will get a full refund of all pre-paid fees. After cancellation you are not allowed to use the Services any more.

Right of withdrawal

You have the right to revoke this contract within fourteen days from the date of conclusion of the contract without giving any reasons. In order to exercise your right of revocation, you must notify us (Dr. Michael Kirste, Siebengebirgsblick 3b, 53844 Troisdorf, Germany; +49 (0) 1590 5462156; info [at] portfoliositelab [dot] com) by means of a clear statement about your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the revocation notification before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we will reimburse you all payments we have received from you, immediately and no later than fourteen days from the date we received your revocation notification. We will use the same method of payment for the refund that you used for the original transaction, unless expressly agreed otherwise with you. In no case you will be charged for this refund.

Using the Services

By using the Services you shall not:

  • copy any content unless expressly permitted to do so;
  • modify, disassemble, decrypt, decompile, reverse compile or reverse engineer any software provided as part of the Services, except stated otherwise in this agreement;
  • sell, rent, lease, distribute, transfer, assign, host, license or otherwise commercially exploit the Services, except stated otherwise in this agreement;
  • interfere or disrupt the Services, test or scan the vulnerability of the Services, breach or circumvent any security or authentication measures, or access the Services through any automated or non-human methods (whether by a bot, script or otherwise);
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

By using the Services, you grant us a non-exclusive, royalty-free license to access, use and process your data for the purpose of providing the Services. The Services may require certain browsers to function properly.

We are not responsible for any of your content. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done by you or any third person using your account. You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

License Agreement

The frontend system and all associated themes and templates (the “Software”) is licensed under the following conditions:

You are permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software.
  • Use the software to publish your website and related content engaging in personal, commercial, non-commercial or non-profit activity.

You are not permitted to:

  • Reproduce, copy, distribute, transfer, license or sublicense the whole or any part of the Software.
  • Sell, resell, rent, lease or assign the whole or any part of the Software.
  • Remove, alter or obscure any proprietary notice.
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the whole or any part of the software after the termination of this contract.

The software may contain subprojects for which the respective own license terms apply.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL WE OR ANY COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Intellectual Property

The Services, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights (except stated otherwise) are, and shall remain, the sole and exclusive property of us.

Updates, Modifications, Availability, and Security

We reserve the right to update, change, modify, suspend, discontinue or remove, temporarily or permanently, any part of the Services at any time without notice and without liability to you.

We may provide enhancements or improvements to the Services, which may include patches, bug fixes, updates, upgrades and other modifications.Those updates may modify or delete certain features and/or functionalities of the Services. We have no obligation to provide any updates or to provide any particular features and/or functionalities of the Services.

We cannot guarantee the availability of the Services at all times due to maintenance or malfunction of computer or network equipment or other reasons resulting in interruptions, delays, or errors. Please note that information sent or received over the Internet is generally insecure. Therefore we cannot make any warranty concerning security of any communication to or from the Services or warranty regarding the interception by third parties of personal or other information.

Maintenance and Support

We are not required or obligated to provide any maintenance or support for using the Services.

Term and Termination

This agreement is effective while you use the Services. You may terminate your use at any time, by following the instructions for terminating your account in your account settings (if available), or by contacting us at info@portfoliositelab.com. Upon termination of this agreement, you shall cease all use of the Services and delete all copies of the Services.

We reserve the right to terminate this agreement and/or to deny access to and use of the Services, to any person or user for any reason including without limitation the non-compliance of this agreement or of any applicable law or regulation without notice or liability.

If we determine that your use of the Services is in breach of these terms of service or of any applicable law or regulation, we may terminate or suspend your use or delete your account and any content and/or information without warning. In this case you are prohibited from registering a new account under your, a fake or a borrowed name, or the name of any third party. Furthermore, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The termination of this agreement will not limit our rights or remedies at law in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.

LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USAGE OF THE SERVICES WILL BE AT YOUR SOLE RISK. ALL WARRANTIES, TERMS, AND CONDITIONS IN CONNECTION WITH THE SERVICES AND YOUR USAGE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES WE WILL BE LIABLE TO YOU IN RESPECT OF
(I) YOUR INABILITY TO USE THE SERVICES;
(II) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES;
(III) ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE;
(IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVER;
(V) PERSONAL INJURY OR ANY PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, DOWNTIME, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES;
(VI) ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL; OR
(VII) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES.

Indemnification

YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH THE SERVICES INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW OR REGULATION OR VIOLATION OF ANY RIGHT OF A THIRD PARTY.

Miscellaneous

This agreement and any privacy policy that may be published on our website, constitutes the entire agreement between the parties relating to the Services and all related activities. This agreement shall not be modified except in writing signed by both parties or by a new posting of this agreement. This agreement operates to the fullest extent permissible by law. If any part of this agreement is held to be invalid, void, unlawful, or unenforceable, that part will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law and the remaining parts will continue in full force and effect. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Changes

We reserve the right to change these terms of service at any time. The updated terms of service will apply to the use of the Services from the date of publication. By continuing to use the Services after any revisions become effective, you agree to the revised terms; otherwise you are no longer allowed to use the Services.