Terms of Service

§ 1 Scope and Subject Matter of the Contract

(1) These Terms of Service apply to all business relationships between Nils Hoffmann, Geierstraße 14, 22305 Hamburg, Germany (hereinafter referred to as "Provider" or "Portuo") and its customers (hereinafter referred to as "Customer").

(2) The services are offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). The conclusion of contracts with consumers within the meaning of § 13 BGB is excluded.

(3) Portuo provides the Customer with a Software-as-a-Service (SaaS) platform that enables the Customer to create and manage their own customer portals.

(4) These Terms of Service shall apply exclusively. Deviating terms and conditions of the Customer shall not be recognized.

§ 2 Conclusion of Contract and Registration

(1) The use of Portuo requires registration. By subscribing to a plan or creating an account, the Customer submits a binding offer to conclude a service agreement.

(2) The Customer warrants that they are acting as an entrepreneur.

(3) If Portuo offers a free trial period, it shall not automatically convert into a paid subscription upon expiration unless the Customer actively provides payment details.

§ 3 Availability and Services

(1) The Provider provides the software on a "best effort" basis. As the Provider uses services from third-party providers (e.g., Vercel, Supabase), no fixed percentage availability (SLA) can be guaranteed.

(2) The Provider endeavors to ensure uninterrupted usability of the services. However, the Customer acknowledges that availability issues may occur due to maintenance work, technical disruptions at cloud providers, or force majeure. The Provider shall not be liable for such outages unless they are due to the Provider's intent or gross negligence.

(3) The Provider is entitled to further develop the software and modify features, provided that the core functionality of customer management is maintained.

§ 4 Customer Obligations and Suspension

(1) The Customer is responsible for all content that they or their invited end customers upload to the portal. The Customer undertakes not to upload any unlawful content (e.g., malware, content infringing copyright, or criminally relevant content).

(2) Relationship with End Customers: The Customer is the sole contractual partner of their invited end customers. The Customer is responsible for obtaining any required consents (e.g., privacy policies) from their end customers before inviting them to the portal.

(3) The Customer is obligated to keep their access credentials confidential. The Customer is liable for activities carried out under their account.

(4) Data Backup: The Customer is obligated to back up important data (uploaded documents, etc.) by maintaining local copies.

(5) Suspension for Misuse: The Provider is entitled to immediately suspend the Customer's access temporarily or permanently if there are concrete indications that the Customer is violating these Terms of Service or applicable law (e.g., distribution of spam, phishing, or illegal content).

§ 5 Prices and Payment Terms

(1) The prices displayed on the website at the time of ordering shall apply. All prices are net prices plus the applicable statutory value-added tax.

(2) Payment is processed through the payment service provider Stripe. The Customer consents to automatic debiting from the registered payment method.

(3) If a payment fails (e.g., due to an expired credit card), the Provider is entitled to temporarily suspend access to the portal until the payment is made.

(4) The Provider is entitled to adjust prices with a notice period of 6 weeks to the end of the month. In this case, the Customer has a special right of termination.

§ 6 Term and Termination

(1) The subscription is concluded for an indefinite period. It may be terminated by either party at any time effective at the end of the current billing month.

(2) Additional paid units (e.g., additional customer accounts) may be added or canceled at any time. Upon addition, charges are calculated immediately on a pro-rata basis for the remainder of the billing period. Upon cancellation, charges are discontinued for the future.

(3) Termination can be made directly through the customer account (billing settings).

(4) Upon termination of the contractual relationship, the Customer's data will be irrevocably deleted after a grace period of 30 days. The Customer is responsible for the timely export of their data.

§ 7 Liability

(1) The Provider shall have unlimited liability in cases of intent and gross negligence.

(2) In case of breach of material contractual obligations (cardinal obligations), the Provider shall also be liable for slight negligence, but limited in amount to the foreseeable, contract-typical damage at the time of contract conclusion. In these cases, liability is limited to the sum of fees paid by the Customer in the last 12 months.

(3) No-fault liability for damages due to initial defects pursuant to § 536a BGB is excluded.

(4) The foregoing limitations of liability shall not apply to damages arising from injury to life, body, or health.

§ 8 Indemnification

The Customer shall indemnify the Provider against all claims by third parties (including the Customer's end customers) that they assert against the Provider because the Customer or their users have used the portal unlawfully or in violation of these Terms of Service (e.g., infringement of data protection rights or copyrights). The indemnification also includes the reasonable costs of legal defense.

§ 9 Intellectual Property

(1) All rights to the software, including copyrights, trademark rights, and other intellectual property rights, remain with the Provider.

(2) The Customer retains all rights to the content they upload. The Customer grants the Provider the right to store and process this content solely for the purpose of fulfilling the contract.

§ 10 Data Protection

(1)The Privacy Policy of Portuo applies.

(2)Insofar as the Provider processes data of the Customer's end customers, the Data Processing Agreement (DPA) shall be deemed concluded.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply.

(2) The place of jurisdiction is Hamburg, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) Amendments and additions to these Terms of Service require text form.

Last updated: December 2025

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