Terms of Service

1.Agreement to these terms#

By creating an account, signing in, or using Portsyde you agree to these terms. If you are agreeing on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" means that organisation.

These terms include the policies they reference: the Acceptable Use Policy, the Refund Policy, the Privacy Policy, the Cookie Policy and the Copyright Policy. Where a referenced policy conflicts with these terms, these terms govern unless that policy says otherwise.

If you do not agree to these terms, do not use the service.

2.Who may use Portsyde#

You must be at least 18 years old, and old enough to enter a binding contract where you live, to hold an account. Portsyde is not designed for children and we do not knowingly provide it to them.

You must not use the service if sanctions or trade-control laws prohibit us from supplying you, or if we have previously terminated your account for breach.

3.Your account#

You sign in with a one-time code sent to your email address; we store no password for your account. Access to your inbox is therefore access to your account, so keep it protected with its own strong password and a second factor.

The engine configuration you create has its own password, which you set. We do not choose it for you; keep a copy somewhere you will still have it later.

You are responsible for what happens under your account. If you think someone else has access to it, tell us at support@portsyde.com and we will help you close it off.

4.What Portsyde is, and what it is not#

Portsyde is subscription software: a hosted personal media server that connects the sources and services you already have to the apps you already use.

• We do not host, store, sell, license or distribute any media, and we do not provide a catalog of our own.
• Media does not pass through our servers. Playback runs from your source to your device; Portsyde arranges the connection and gets out of the way.
• Everything you reach through Portsyde is something you connected. We do not supply, select, endorse or verify it.

5.Your responsibilities#

• You supply and control your own sources and services, and you are solely responsible for holding the rights needed to access anything you connect.
• You will use the service lawfully and in line with the Acceptable Use Policy.
• You will keep the details you give us, including your account email address, accurate and current.

6.Plans, billing and renewal#

Portsyde is offered on a Free plan and a paid Plus plan. Plus is billed yearly or monthly at the price quoted at checkout, in advance, and renews automatically at the then-current price until you cancel.

You can cancel at any time from your account. Cancellation takes effect at the end of the period you have paid for: you keep Plus until then and are not billed again.

Payments are processed by Stripe; we never receive or store your card number. If a payment fails we may retry it and, if it keeps failing, move the account to Free.

We may change prices. If we do, we will email your account address at least 30 days beforehand, and the new price applies from your next renewal, so you always have time to cancel first. Taxes may apply where you live and are shown at checkout.

Refunds are covered by the Refund Policy, which forms part of these terms.

7.Changes to the service#

We improve Portsyde continuously, so features are added, changed and occasionally removed. We may also set reasonable technical limits to keep the service healthy for everyone.

If we make a change that materially reduces what your paid plan does, we will email you, and you may cancel. If we discontinue the service altogether, we will give reasonable notice and refund the unused portion of any period you have prepaid.

8.Intellectual property#

We own Portsyde — the software, the website, the designs, and the Portsyde name and marks. While your account is in good standing we grant you a personal, non-exclusive, non-transferable, revocable right to use the service under these terms. No other rights are granted.

You keep everything that is yours: your account details, your configuration, and the sources and services you connect. You grant us only the limited permission we need to store, process and transmit it in order to run the service for you.

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

9.Third-party services#

You may connect third-party sources and services. Your use of those is governed by their own terms, between you and them; we are not a party to that relationship.

Credentials you add for a third-party service are stored encrypted and used only to carry out your own requests. The Privacy Policy explains how.

We do not control third parties and are not responsible for their availability, accuracy or decisions. If one changes in a way that affects your setup, we will help where we reasonably can, but that is not a failure of the service on our part.

10.Suspension and termination#

You may leave at any time. Cancel Plus from your account, and delete the account itself from the dashboard whenever you want; deleting it removes your account, your engine configuration and your billing profile as described in the Privacy Policy.

We may suspend or terminate an account for breach of these terms or the Acceptable Use Policy, for non-payment, or where the law requires it. Where practical and lawful, we will tell you first and give you a fair chance to put things right; where waiting would risk harm, we may act first and explain afterwards.

When the agreement ends, your right to use the service ends with it. Sections that should by their nature survive — intellectual property, disclaimers, limitation of liability, indemnity and governing law — continue to apply.

11.Disclaimers#

The service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be uninterrupted or error-free, that it will work with every source, service, app or device, or that data will never be lost. Keep your own copy of anything you cannot replace.

Some jurisdictions do not allow these exclusions, so parts of this section may not apply to you. Nothing here excludes liability that cannot lawfully be excluded.

12.Limitation of liability#

Neither you nor we will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused.

Our total liability for all claims arising out of or relating to the service is limited, in aggregate, to the amount you paid us in the 12 months before the event giving rise to the claim.

These limits apply even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law, such as fraud, or death or personal injury caused by negligence.

13.Indemnity#

You will defend us against third-party claims arising from your use of the service, from the sources and services you connect, or from your breach of these terms or the Acceptable Use Policy, and cover the damages and reasonable costs finally awarded or agreed.

We will tell you promptly about any such claim, let you control the defence and cooperate with you. You will not settle in a way that admits fault on our behalf, or binds us, without our agreement.

14.Governing law and disputes#

These terms are governed by the laws of [State], United States, without regard to its conflict-of-law rules, and the courts located there have exclusive jurisdiction. If you are a consumer, mandatory rights and venue protections given to you by the law where you live still apply.

Talk to us first. Before starting formal proceedings, email legal@portsyde.com describing the problem and the outcome you want. We will work with you for 30 days to settle it; most disputes are cheaper and quicker to fix in an inbox.

15.General#

• If any provision is held unenforceable, the rest stays in force and that provision applies to the maximum extent permitted.
• Not enforcing a right straight away does not waive it.
• You may not assign this agreement without our consent. We may assign it to an affiliate, or in a merger or sale of assets.
• These terms and the policies they reference are the entire agreement between us about the service.

16.Changes to these terms#

We may update these terms. When we do, we update the effective date at the top of this page, and for material changes we email account holders at least 30 days beforehand where practical.

Continuing to use the service after a change takes effect means you accept the new terms. If you do not, cancel and stop using the service.

17.Contact#

Legal notices go to legal@portsyde.com, or by post to [Portsyde LLC], [Mailing address for legal notices]. For anything else, including billing and account questions, email support@portsyde.com.