Terms of Service

General Terms And Conditions Of Business For Using What the Portal

1 Introduction

The following General Terms and Conditions of Business set out the legal framework for using What the Portal. Therefore, please read these General Terms and Conditions of Business carefully.

What the Portal is a service to collect and display data & metrics for software development, as well to communicate workflow statuses. Please read on to learn the rules and restrictions that govern your use of our App, website(s), products, services and applications (the "Services").

You hereby agree that we are not responsible for any data loss, and the application is provided as is.

2 Scope of Application

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and What the Portal.

2.2 Terms and conditions for participating

What the Portal is intended for commercial use, you can use it free of charge, with the exception certain services which are reserved for paying users.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual What the Portal Services. We will, however, notify you of this in good time prior to use.

3 What the Portal Services and Prices

3.1 Services free of charge or for a fee

The scope of the services included in What the Portal and the What the Portal Services and available for use by you depends on the type of What the Portal Service and whether you use the What the Portal Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective What the Portal Service. A more extensive range of functions is available to you if you enable the premium features separately in return for a one-off payment or as part of a subscription for the respective What the Portal Service.

3.2 Prices

Current pricing is displayed inside of the application.

4 Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for What the Portal for the first time and whether you sign up for additional fee-based services.

5 Term of Validity

5.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period. You need to create an account to sign up for the premium service of What the Portal, the services provided to you and their validate depend on the validity period of the account and the provided payment.

5.2 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective What the Portal Service.

6 Terms and Conditions of Payment

6.1 Collection of fees

Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period.

6.2 Payment default

We reserve the right to assert further claims for late payments.

7 Payment Methods

If you purchase What the Portal services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available. If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.

Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.

8 Right of Withdrawal

8.1 Withdrawal policy

If you have entered into a contract for use of What the Portal or purchased a one-off additional service or a subscription, in each case, you are entitled to the following right of withdrawal. You have the right to withdrawal the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract. To exercise your right of withdrawal you must send us an unequivocal notification (e.g. an email) of your decision to withdraw the contract:

support@whattheportal.com

8.2 Consequences of withdrawal

If you withdraw from the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.

If you asked for the services to start during the withdrawal period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to withdraw from this contract compared to the full scope of the services covered by the contract.

8.3 Lapse of the right of withdrawal

In the case of a contract for the provision of services the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.

In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.

9 Liability for Defects

9.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

9.2 Disclaimer of guarantees

What the Portal is provided as is, it will store your data provided to run the application, but we are not responsible for any loss of information or how this information is used. You as the provider of the data are responsible to make sure you have the right to use them.

10 Liability

10.1 General

Insofar as you are provided with guides or instructions in connection with the What the Portal Services it is imperative that you follow them.

10.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

10.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

11 Rights of Use over What the Portal Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than What the Portal websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have canceled your subscription) or when your user contract ends.

12 Responsibility for User-Generated Content

12.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the What the Portal Services. We accept no responsibility for this content, nor do we monitor it.

12.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the United States of America. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.

In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.

12.3 Indemnification

If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.

13 Ending the Contract

13.1 User contract

You have the right to cancel your subscription at any time, without stating any reasons, thereby also ending your user contract. To do this you need to cancel your subscription via Stripe or our App, their terms and conditions apply.

We are entitled to cancel the user contract without stating any reasons.

13.2 Subscription

Every subscription for a What the Portal Service must be canceled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. You can cancel any subscriptions purchased via our website www.WhatThePortal.com by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email, sent to the address support@whattheportal.com. Subscriptions purchased via in-app purchase must be canceled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have canceled your subscription. We are entitled to cancel your subscription.

13.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

14 Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at https://whattheportal.com/privacy. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

15 Changes to the General Terms and Conditions of Business

We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use What the Portal, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.

16 Final Provisions

16.1 Applicable law

The relationship between the parties is governed exclusively by United States law. In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

16.2 Place of jurisdiction

If you do not have a place of general jurisdiction in United States, or if you have moved your permanent place of residence to a country outside the USA after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

16.3 Language of the contract

The language of the contract is English.

16.4 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

17 Information about the Supplier

support@whattheportal.com

18 Option to save and review the contract language

These General Terms and Conditions of Business may be reviewed by you at https://whattheportal.com/terms. If you would like to save a permanent copy of these General Terms and Conditions of Business on a data carrier, you can download them as a "pdf" file free of charge at https://whattheportal.com/terms. Please consult your web browser’s help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files. You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.

19 We’re in this thing together.

The actions individual users take can have a big impact on our system as a whole. That is why all What the Portal users must follow this Acceptable Use Policy in their use of What the Portal. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Standard Terms of Use where we see behavior, content, or other factors that pose a threat to our platform. If a term is capitalized in this Acceptable Use Policy but isn’t defined, it has the meaning given to it in our Standard Terms of Use.