Agreement
This End User Licence Agreement (“EULA”) is a legal agreement between you (“You”) and Portal Ltd., having its registered office at 1 Tech Centre, London, EC1A 1BB, UK (“Portal”) (the “Parties”) and relates to Your use of the Portal mobile application associated with this EULA (“Portal App”).
Your access to and use of the Portal App is subject to Your acceptance of and compliance with this EULA. By downloading, installing, selecting the “Accept” option, accessing, or using the Portal App, You acknowledge that You have read, fully understand, agree to, and will be bound by this EULA. If You do not agree to be bound by this EULA, You will not be able to use the Portal App, and You should exit the Portal App immediately. If the person accepting this EULA does so on Your behalf, and You are a body corporate, the person accepting it confirms that they are authorised to enter into this EULA on Your behalf and bind You to its terms and conditions.
You acknowledge and agree that this EULA is between You and Portal only (and not with Apple, Google, or any other third party), and that it is Your responsibility to inform Yourself of all terms and conditions of such third parties, as well as all laws that apply to Your use of the Portal App. Unless otherwise indicated, the content of the Portal App, including its text and images and the way they are arranged, is the property of Portal or its affiliates, and only Portal is responsible for the Portal App and the content thereof. All trademarks used or referred to in the Portal App are the property of their respective owners. Portal reserves all rights in and to the Portal App not otherwise expressly granted to You under this EULA.
Licence
Portal hereby grants to You a limited, non-exclusive, non-transferable, revocable licence to use the Portal App on any device that You own or control (“Mobile Device”) running a permitted mobile platform and solely as permitted by the usage rules set out in Your mobile platform’s terms of service, provided that You shall not copy, reproduce, issue, make available to the public, or distribute copies of the Portal App.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Portal App. Portal may modify or upgrade the Portal App at any time for any reason and may provide modified, updated, and upgraded versions of the Portal App to You at Portal’s discretion. Unless such modified, updated, or upgraded versions of the Portal App are delivered with different applicable licence terms, such versions will be considered the Portal App, and Your use thereof shall be subject to this EULA.
Terms of Use
You may not use the Portal App for any purpose other than its intended one, which is to facilitate secure access to properties via SmartLocks and Building OS. You may not distribute or make the Portal App available over a network where it could be used by multiple devices at the same time. The Portal App does not grant to You any licence or right to any copyright, patent, trademark, or other intellectual property right or proprietary interest belonging to Portal or its affiliates, or any sublicence with respect to the foregoing as may belong to a third party. You may not remove, modify, or obscure any copyright, trademark, or other proprietary notices contained in the Portal App, and You may not decompile or reverse engineer the Portal App, or attempt to do so. In addition, You may not rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sublicence, distribute, attempt to derive the source code of, modify, or create derivative works of the Portal App or any of its contents, including its graphic images, audio, video, HTML code, buttons, or text, and any updates to the Portal App (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open-source components included in the Portal App), without the prior written consent of Portal or its applicable affiliate, which consent may be withheld in its sole discretion. Any attempt to do so is a violation of the rights of Portal or its applicable affiliate and may subject You to prosecution and/or damages.
Mobile Platforms
The Portal App shall only be used on permitted mobile platforms, which are Apple Inc.’s (“Apple”) iOS and Google Inc.’s (“Google”) Android.
If You use the Portal App on a Mobile Device running Apple’s iOS, the following terms and conditions apply: You shall only use the Portal App on Your Mobile Device as such Mobile Device is permitted to be used by the usage rules in the Apple App Store Terms of Service. Portal, not Apple, is solely responsible for the Portal App and any information or content received through the Portal App or the services accessible through the Portal App.
If You use the Portal App on a Mobile Device running Google’s Android, the following terms and conditions apply: You shall only use the Portal App on Your Mobile Device as such Mobile Device is permitted to be used by the usage rules in the Google Play Store Terms of Service. Portal, not Google, is solely responsible for the Portal App and any information or content received through the Portal App or the services accessible through the Portal App.
Data Collection and Usage
You agree that Portal and/or its affiliates may collect and use technical data and related information, including but not limited to technical information about Your Mobile Device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Portal App. Unlike Goki, Portal does not collect or store personal data such as Your name or email address, as the app is solely focused on access functionality. We only collect minimal data like temporary device identifiers and access logs, which are not linked to individuals. Portal and/or its affiliates may use this information, in a form that does not personally identify You, to evaluate or improve its products or to provide services or technologies.
By clicking the “Accept” button below or using the Portal App, You consent to Portal’s measurement, collection, processing, transfer, storage, disclosure, and use of Your usage data, in each case. If You do not wish to have usage measured, You should not install the Portal App on Your Mobile Device, and if You no longer wish to have Your usage measured after You have installed the Portal App, You must delete the Portal App from Your Mobile Device.
All data collected by Portal through the Portal App or measured by Portal shall be handled in accordance with our Privacy Statement, available at https://tryportal.com/privacy. By clicking the “Accept” button below or using the Portal App, You agree to be bound by the Portal Privacy Statement. Please review this notice and print a copy for Your records. If You delete the Portal App from Your Mobile Device or this EULA is otherwise terminated, Portal may continue to use any information previously collected through the Portal App or previously measured by Portal, in accordance with the provisions of this paragraph and our Privacy Statement.
Third-Party Services
The Portal App may enable access to third-party services (“Services”) and may also display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party websites (“Third-Party Content”). Use of Services may require internet access and that You accept additional terms of service. You acknowledge and agree that Portal and/or its affiliates are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Content or websites and do not warrant or endorse and will not have any liability or responsibility to You or any other person for any Services, Third-Party Content, or websites, or for any other materials, products, or services of third parties. Third-Party Content is provided solely as a convenience to the User. Portal has no control over Third-Party Content provided through or in connection with the Portal App. For any issues concerning such Third-Party Content, including without limitation allegations of copyright infringement or misuse, the provider of such content must be contacted directly.
In addition, the Portal App and Third-Party Content that may be accessed from, displayed on, or linked to from Your Mobile Device may not be available in all languages or all countries. Portal makes no representation that the Portal App and Third-Party Content are appropriate or available for use in any particular location. To the extent You choose to access the Portal App or Third-Party Content, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Intellectual Property
You acknowledge that Portal and its affiliates own all rights, titles, and interests in and to the Portal App. Portal owns all rights, titles, and interests in and to all content available via the Portal App, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues, and re-examinations relating to that; (ii) all moral rights and copyrights in any work of authorship or other work recognised by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names, and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world. You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the Portal App. Except as set out above in the section entitled “Third-Party Services”, You further agree not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from any portion of the Portal App.
Changes, Suspension, and Termination of Rights
Portal may, at any time, change, update, modify, or terminate any service that may be accessed through the Portal App, including, without limitation, to improve a service or its functionality; add or remove access to a service; enhance ease of use for You or Portal; correct an error or bug; prevent or discontinue harmful or improper access to services; prevent or discontinue unauthorised use of services; comply with a platform provider or government request; or comply with a statute or judicial order. Portal may suspend or terminate Your rights in and to the Portal App or services accessible through the Portal App in Portal’s sole discretion, including, without limitation, if a newer version of the Portal App or service thereof is available to improve the Portal App or service or any functionality thereof; to add or remove access to a service accessible through the Portal App; to enhance ease of use for You or Portal; to correct an error or bug; to prevent or discontinue harmful or improper access to the Portal App or service thereof; to prevent or discontinue unauthorised use of the Portal App or service thereof; to comply with a platform provider or government request; or to comply with a statute or judicial order.
Content
You understand that by using the Portal App, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Portal App at Your sole risk and that Portal shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Warranties and Exclusions
Provisions of the Consumer Rights Act 2015 and other laws in force from time to time in the United Kingdom may imply guarantees, warranties, conditions, and impose obligations on Portal and its subsidiaries, affiliates, and suppliers (“Implied Terms”). If these Implied Terms apply, Portal’s liability will be limited at its option to resupply, repair, or replace the Portal App or the cost of such resupply, repair, or replacement, to the extent permitted by law. Unless otherwise explicitly agreed to in writing by Portal and subject to the Implied Terms, all representations, guarantees, conditions, and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts, or modifies Your rights under an Implied Term.
Exclusion of Damages
Subject to any Implied Term, Portal, its directors, officers, employees, or agents will not be liable to You or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with this EULA, the Portal App, any software for the Portal App, or any support services for the Portal App, whether based on contract, tort, statute, or any other legal theory.
Limitation of Liability and Remedies
To the extent not prohibited by law, in no event shall Portal be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to Your use of or inability to use the Portal App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Portal has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Portal’s total liability to You for all damages exceed the amount of £10.00.
Licensee Indemnity
You will indemnify Portal, its directors, officers, employees, agents, and contractors in full against any liability, loss, damages, costs, and expenses as a result of or in connection with Your use of the Portal App, including but not limited to, any modification by You of the Portal App which causes the Portal App to infringe the intellectual property rights of a third party.
Term and Termination
This EULA shall become effective when You accept it by click-through and shall remain in full force and effect until terminated by the terms below. You may terminate this EULA at any time by deleting the Portal App from all Mobile Devices that You own or control. Portal may terminate this EULA at any time on written notice to You using Your email address associated with Your account on the Portal App. Upon the termination of this EULA for any reason whatsoever, all licences granted hereunder shall immediately terminate, and You shall immediately cease and desist from all access to and use of the Portal App. You shall immediately purge from all of Your Mobile Devices all copies of the Portal App.
General Provisions
Any provision of, or the application of any provision of this EULA which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition. Any provision of, or the application of any provision of this EULA which is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction. The failure, delay, relaxation, or indulgence on the part of a party in exercising, in part or whole, any power, right, or remedy conferred upon that party by this EULA shall not operate as a waiver of that power, right, or remedy.
This EULA contains the entire agreement between You and Portal and supersedes any previous understandings, commitments, or agreements, oral or written. If a clause is void, illegal, or unenforceable, it may be severed without affecting the enforceability of the other provisions in this EULA.
