Terms of Service
1. About these terms
Portal Puff Inc., a Delaware corporation ("PortalPuff," "we," "us," or "our"), provides software and services for local businesses. These include our website at portalpuff.ai, the PortalPuff dashboard at app.portalpuff.com, and Spark, our AI employee (together, the "Services").
These Terms of Service ("Terms") are an agreement between PortalPuff and the business that uses the Services ("you"). By using the Services, including by logging in to your dashboard, you agree to these Terms and to our Privacy Policy. Some Services may show additional terms inside them. If those conflict with these Terms, the additional terms apply to that Service.
Shoppers who order from a store do so on that store's website or on portalpuff.com, which have their own terms.
2. Who can use the Services
The Services are for businesses. To use them, you must be at least 18 years old and have the authority to accept these Terms for your business. You agree to give us accurate information about yourself and your business and to keep it up to date.
3. The Services
Depending on your plan, the Services may include:
- Your own website, with online ordering for pickup and delivery
- Tools to manage your products, prices, stock and hours
- Marketing and loyalty tools, such as discounts, rewards, QR codes, print materials and email
- Spark, our AI employee, which can make changes in your account when you ask
What each plan includes is shown on our Plans page and in your dashboard. We may add, change or remove features over time. We will try to give you notice of changes that significantly affect how you use the Services.
4. Your account
Our team sets up your account and sends you your login details. You are responsible for keeping your login secure and for all activity in your account, including by anyone you give access to, such as your employees. Tell us right away at support@portalpuff.com if you think someone has used your account without permission.
5. Spark and AI features
Spark is an AI employee that can answer questions and make changes in your account when you ask, such as updating prices, stock, hours or your website. Spark uses third-party AI providers to understand your requests and act on them.
- Spark acts on your instructions. You are responsible for the instructions you give and for checking the results.
- AI can make mistakes. Review Spark's changes, especially prices, product details and anything your customers see. For some larger changes, Spark asks you to approve them first.
- Information only. Spark's answers about your business, such as summaries of your orders or sales, are for information only. They are not financial, legal or tax advice.
6. Plans, fees and payment
Fees. The Services are offered on paid plans. Your plan's price, the fees that apply to orders, and any other charges are shown in your dashboard or agreed with you in writing before you are charged.
Billing. Plans are billed monthly or yearly, at the start of each billing period. You authorize PortalPuff and our payment processors to charge your payment method for your plan and other fees when they are due. Please keep your payment details up to date.
Trials and offers. If we give you a free trial or a promotional price, it lasts for the period we tell you. When a trial ends, you need a paid plan to keep using the Services that require one.
Failed payments. If a payment fails, we will let you know and give you a short period to fix it. If it is not fixed, we may pause or deactivate your account or some Services until your account is paid.
Cancelling. You can cancel your plan at any time. Your plan stays active until the end of the billing period you have already paid for.
Refunds. Fees are non-refundable, including for partial billing periods and unused Services, except where the law requires otherwise.
Price changes. We will give you at least 30 days' notice before raising the price of your plan. If you do not agree to a new price, you can cancel before it takes effect.
What our fees are for. Our fees are charges for software, technology, payment processing and delivery services. They are not a commission on, or a share of, the sales of your products.
7. Your business, products and content
You keep ownership of the content you give us, such as your products, prices, photos, descriptions and logo. You give PortalPuff permission to host, copy, display and adapt that content as needed to provide the Services, for example to show it on your website, on portalpuff.com and on maps and search listings we set up for you.
You are responsible for your products and your content, including that they are accurate and lawful and that you have the rights to them. You are responsible for holding the licenses and permits your business needs and for following the laws that apply to what you sell. If you sell age-restricted products, you are responsible for following the age and ID rules that apply to them. Our age check tools help, but they do not replace your own obligations.
8. Your customers and your messages
When your customers order from you, join your rewards or receive your messages, we process their information on your behalf to provide the Services, as our Privacy Policy describes. You are responsible for having your customers' permission to contact them by text or email and for following the laws on marketing messages, including the TCPA and the CAN-SPAM Act. We may pause messaging from your account if we believe it breaks the law or these Terms.
9. Acceptable use
You agree not to:
- Use the Services to break any law or to sell products you are not allowed to sell
- Upload content that is false, misleading or unlawful, or that you do not have the rights to
- Try to get around security, access accounts or data that are not yours, or disrupt the Services
- Copy, scrape, reverse engineer or resell the Services without our written permission
- Misuse rewards, referral or promotional programs
- Ask Spark to do anything these Terms do not allow
10. Services from other companies
The Services rely on other companies, such as payment processors, delivery partners, hosting providers, AI providers and map and search services. Their own terms may apply when you use their services through ours. We are not responsible for services that other companies provide.
11. Our property
PortalPuff owns the Services, including our software, Spark, and the PortalPuff name and logo. While you have an account in good standing, you may use the Services for your business as these Terms allow. If you send us feedback or ideas, we may use them without any obligation to you.
12. Availability
We work to keep the Services running well, but we cannot promise they will always be available or free of errors. We may need to pause parts of the Services for maintenance, updates or reasons outside our control.
13. Ending the Services
You can stop using the Services and cancel your plan at any time, as described in section 6. We may suspend or end your access if you break these Terms, if your account is unpaid, or if we need to in order to protect the Services, other people or ourselves, or to follow the law. When your access ends, your website, online ordering and other Services may stop working. Sections that by their nature should continue, such as fees owed, ownership, disclaimers, limits of liability and disputes, continue after your access ends.
14. Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, PORTALPUFF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES, OR ANY RESULTS FROM THEM, INCLUDING SPARK'S WORK AND ANSWERS, WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE.
15. Limit of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, PORTALPUFF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM THESE TERMS OR THE SERVICES. PORTALPUFF'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO PORTALPUFF IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
16. Your responsibility for claims
You agree to defend and hold harmless PortalPuff and its officers, employees and agents from claims, losses and costs (including reasonable legal fees) that arise from your products, your content, your messages to customers, your use of the Services, or your breaking these Terms or the law.
17. Disputes
Arbitration. Any dispute between you and PortalPuff about these Terms or the Services will be resolved by final and binding arbitration, not in court. The arbitration will be run by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Delaware or by video if both of us agree.
No class actions. You and PortalPuff may bring claims against each other only individually, and not as part of any class, collective or representative proceeding.
Opting out. You can opt out of arbitration by emailing support@portalpuff.com within 30 days of first accepting these Terms, with your name, your business name, your account email and a statement that you are opting out. If you opt out, disputes will be heard in the state or federal courts in Delaware.
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules.
18. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page with a new date, and for significant changes we will tell you by email or in your dashboard. If you keep using the Services after changes take effect, you accept the updated Terms.
19. General
These Terms, together with any additional terms shown in the Services and anything we agree with you in writing, are the whole agreement between you and PortalPuff about the Services. If any part of these Terms cannot be enforced, the rest still applies. If we do not enforce a right, we have not given it up. You may not transfer these Terms without our written permission; we may transfer them as part of a merger, sale or reorganization. Neither of us is responsible for delays caused by events outside our reasonable control. We may send you notices by email or in your dashboard.
20. Contact us
Questions about these Terms? Reach us here:
- Email: support@portalpuff.com
- Support: our Help center
Portal Puff Inc., a Delaware corporation