Terms Of Service

Last Updated: February 5, 2024

Agreement

These Terms of Service (the “Terms” or this “Agreement”) govern your use of the services provided by Localportal, including the Localportal website (the “Site”), the Localportal client software, documentation, and any other software or services associated with Localportal (collectively, the “Localportal Services” or the “Services”).

By accessing and using localportal.io or installing the agent software, you signify your agreement to be bound by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Services. The Localportal Services are available to individuals who are at least 18 years old and to companies that are legally licensed and permitted to conduct business. You affirm that (a) if you are an individual, you are 18 years of age or older, and (b) if you are a company, (i) you are appropriately licensed and legally allowed to conduct business, and (ii) the individual accepting these Terms on your behalf is authorized to do so.

Localportal may modify these Terms at any time, and such modifications will be effective immediately upon posting on the Site. It is your responsibility to review the Terms periodically to ensure awareness of any changes.

This Agreement includes Localportal’s Privacy Policy, which is accessible at privacy policy. Please review it to understand how we manage personal information.

Account Creation and Responsibility

To use the Service, you must create an account by registering with an email address or using GitHub OAuth or Gmail OAuth (additional authentication options may be available in the future). You must ensure that the information provided during registration is accurate and complete. You are solely responsible for maintaining the confidentiality of your account information, including your API key generated by Localportal, which grants access to existing machines connected and owned by you. Any unauthorized access must be reported to us at [email protected], and we can mark the account as deactivated. Remember, your account’s security is also dependent on the OAuth or email provider used for registration, so be sure to follow best practices in those areas as well.

By creating an account and using the Localportal Services, you agree to subscribe to our marketing newsletter, promotional communications, and occasional product updates. These communications are designed to keep you informed about the latest developments, offers, and news related to Localportal. We respect your privacy and ensure that all our marketing communications adhere to legal standards and provide an easy and straightforward way to opt out or unsubscribe at any time. You can modify your communication preferences or opt out of receiving these communications by following the instructions provided in the emails. Please note that opting out of marketing communications does not affect the receipt of important service-related communications related to your account.

Fees and Payments

All Localportal Services are provided on a fee basis. You agree to pay Localportal the fees for each Service you purchase or use, in line with the pricing and payment terms presented to you for that specific Service. You hereby authorize Localportal to charge your credit card or other payment methods on a monthly, annual, or other agreed-upon basis, as set out in the pricing and payment terms, in advance of providing the Services. Services may be interrupted on accounts that are past due, and fees paid by you are non-refundable, except as provided in these Terms or as required by law. Accounts not collectable by Localportal may be handed over to an outside collection agency.

You may cancel your use of the Services at any time as noted on our dashboard. Understand that you will not receive a refund or credit for any pre-paid fees.

Subject to the Terms, certain Localportal Services might be provided to you free of charge, up to specific limits. Usage exceeding these limits requires purchasing additional resources or Services, and Localportal may limit your access or usage until the necessary payment is made. You acknowledge that Localportal may change the specified rates and charges from time to time.

Localportal offers a limited number of lifetime memberships, available on special terms. These memberships are intended for the personal use of the individual associated with the registered email address at the time of purchase and are non-transferable. A lifetime membership entitles you to access the current set of Localportal services and features for the lifetime of the product, without the need for additional payments. Please note, “lifetime” refers to the lifespan of the Localportal service or product, not the lifetime of the purchaser. Be aware that any specific terms and conditions mentioned on the lifetime purchase page will also apply. These terms may not be detailed in this Terms of Service (TOS) but are binding as part of your lifetime membership agreement. Additionally, the lifetime deal is applicable only to the features and services available at the time of purchase. Future enhancements, new features, or additional services introduced after your purchase may not be included in the lifetime deal and may require separate subscriptions or fees. Localportal reserves the right to discontinue, modify, or pivot its services or business model. In such cases, we may not be able to continue providing lifetime access to our services or may limit this access to the services available at the time of your purchase. We will provide reasonable notice to all affected lifetime membership holders in such events.

Localportal is not responsible for any extra bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Localportal. Currency exchange settlements are based on agreements between you and your credit card provider.

User Data Collection and Privacy

You must ensure that Localportal is entitled to use any data, information, or material provided, submitted, or otherwise made available by you or on behalf of you to Localportal in the course of using the Localportal Services (“Customer Data”) as needed to provide you with the functionality of the Localportal Services. We collect various types of Customer Data, including your email address, operating system, IP address, resource specifications, and the number of servers running on the user’s machine. These details might be saved in our database or logs.

Additionally, we use cookies for authentication to enhance your user experience. By using our Services, you consent to our use of cookies and the collection and processing of the Customer Data in accordance with our Privacy Policy, located at https://localportal.io/docs/company/privacy-policy.

Localportal is committed to data privacy and protection. While we have not yet verified our compliance with the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA), we are open to investing time and resources to meet these standards if required by our clients. For detailed information on how we handle and process personal data in compliance with GDPR, please refer to our Data Processing Agreement, located at https://localportal.io/docs/company/data-processing-addendum.

You acknowledge and agree that Localportal may use Customer Data to improve your use of the Localportal Services and may use aggregated and anonymized Customer Data to improve the Localportal Services generally. We may also access, preserve, and disclose your account information and other Customer Data if required to do so by any applicable law or if we in good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any Customer Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Localportal, its customers, and/or users, and/or the public. In no event shall Localportal or its designees have any liability or obligation to you in connection with exercising any rights set forth in this Section.

Please note that you may not use the Services if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

Usage Restrictions

By using the Localportal Services, you agree that you will not duplicate, distribute, modify, translate, reverse engineer, attempt to discover the underlying code, or create derivative works from the Localportal Services or any content related to the Service. You also agree not to lease, resell, assign, or otherwise provide access to the Localportal Services to third parties, or use the Service in a way that competes with Localportal’s business.

You must not transmit or store unlawful content through the Localportal Services, including but not limited to, content that infringes upon third-party rights or is threatening, libelous, or obscene. Engaging in deceptive activities, such as “phishing,” or using the Localportal Services in a manner that may mislead others, is also prohibited.

Using the Localportal Services to create or disseminate malicious software, such as viruses, worms, or Trojan horses, or to engage in activities that compromise the security or integrity of the Service, is not allowed. You must not violate any local, state, federal, or international laws, regulations, or third-party rights while using the Localportal Services. Finally, you must not use the Localportal Services in any way that conflicts with this Agreement or the rights and interests of others.

Fair Use Policy

Localportal assumes its users will utilize the services fairly and responsibly, hence does not set upfront bandwidth limits. Nonetheless, to safeguard service quality and ensure availability for all, a monthly bandwidth cap of 2GB per user may be imposed on accounts displaying signs of exploitation. This measure aims to prevent system abuse and guarantee fair resource allocation. Localportal reserves the right to monitor bandwidth consumption to uphold this Fair Use Policy. Users observing potential policy breaches are urged to contact [email protected]. Localportal is committed to investigating such reports diligently and taking necessary actions to maintain policy integrity.

Termination Policy

Localportal reserves the right to terminate or suspend your account and access to our services at any time, without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Newsletter Subscription

By creating an account with Localportal, you acknowledge and agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us directly.

Updates and Changes

Localportal may change these Terms from time to time. Your continued use of our services constitutes acceptance of any changes. We will notify registered users of significant updates via email.

Intellectual Property Rights and Content Usage

Localportal exclusively owns all rights, title, and interest in and to the Localportal Services, including designs, text, graphics, software, and other materials associated with the Services. These are protected by applicable copyright laws, and the use of trademarks, slogans, or any likeness is strictly prohibited without prior written consent from Localportal.

You are granted a limited, non-sublicensable license to access and use Localportal Services solely for the intended purpose. This license does not permit modification, reverse engineering, or any use that violates this Agreement.

You may have opportunities to submit, post, or share content via Localportal Services (“User Content”). You represent that your User Content is original, and you grant Localportal a worldwide, irrevocable, perpetual, royalty-free license to use, modify, distribute, and otherwise exploit your content. You also agree that your content is not confidential and waive any moral rights or rights of attribution in your content. Localportal reserves the right to review, censor, or remove any User Content, and you may report inappropriate content at [email protected].

Localportal may include Third Party Content or links to third-party websites. Localportal does not monitor, control, or endorse any Third Party Content and is not responsible for its accuracy or content. You use these links and Third Party Content at your own risk and should review their terms and policies.

You understand that Localportal has no obligation to display, review, or exploit any User Content and disclaims any warranties or guarantees with respect to User Content. Localportal shall not be liable for misuse, loss, or damage incurred from User Content or Third Party Content.

By using Localportal Services, you agree to these terms and acknowledge that violation of these terms may lead to termination of access or legal action. If you post Third Party Content, you indemnify and will hold Localportal harmless for any damages resulting from such posting.

Localportal reserves the right to alter, delete, or otherwise make unavailable any User Content without notice, at its sole discretion. Your use of the Localportal Services is at your own risk, and you bear all risks associated with any User Content that may be offensive, indecent, or objectionable to you.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF LOCALPORTAL SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE EXTENT ALLOWED BY APPLICABLE LAW, LOCALPORTAL EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LOCALPORTAL MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT: (A) THE SERVICES WILL FULFILL YOUR SPECIFIC NEEDS, OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT ALLOWED BY APPLICABLE LAW, LOCALPORTAL SHALL NOT BE LIABLE TO YOU UNDER BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (A) FOR ERRORS IN THE SERVICES OR MATERIALS, LOSS OR INACCURACY OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF PROFITS OR BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF LOCALPORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) FOR ANY MATTER BEYOND LOCALPORTAL’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS OR (II) THE AMOUNT PAID OR PAYABLE BY YOU TO LOCALPORTAL FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

Indemnification

YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY LOCALPORTAL, AND ITS SUBSIDIARIES, ASSOCIATES, OFFICERS, REPRESENTATIVES, EMPLOYEES, PARTNERS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY THIRD-PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR OR YOUR LICENSEES’ (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES’) (A) BREACH OF THESE TERMS, (B) UTILIZATION OF THE SERVICES OR MATERIALS, OR (C) NON-COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, OR RULES IN CONNECTION WITH THE SERVICES, OR ARISING FROM CONTENT MADE AVAILABLE THROUGH YOUR OR YOUR LICENSEES’ (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES’) CONNECTIONS, INCLUDING ANY LIABILITY OR EXPENSE STEMMING FROM CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LEGAL PROCEEDINGS, AND LEGAL FEES, OF EVERY KIND AND DESCRIPTION.

Contact Information

For questions or concerns, please contact us at [email protected]

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operates, without regard to its conflict of law provisions.

By using the Service, you agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction in which the Service operates to resolve any legal matter arising from the Terms.

Waiver and Severability of Terms

The failure of Localportal to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Should a court of competent jurisdiction find any provision of these Terms invalid, the parties still agree that the court should strive to honor the intentions as expressed in the provision, and all other provisions of these Terms shall continue to be in full force and effect.

Statute of Limitations

You concur that, notwithstanding any statute or law to the contrary, any claim or cause of action by you emerging from or connected to the use of the Localportal Services or these Terms must be filed within one (1) year following the origin of such claim or cause of action, or else it shall be permanently barred.