1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of Portal, an AI assistant in the form of a private, lightweight browser ("Portal" or the "Service") provided by DARA LABS INC (doing business as "Portal", "we", "us", or "our"). By accessing or using Portal, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Definitions
- "Service" refers to the Portal AI assistant and browser.
- "User", "you", and "your" refer to the individual accessing or using the Service.
- "Content" refers to any information, data, text, software, graphics, messages, or other materials.
3. Acceptance of Terms
By accessing or using Portal, you affirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
4. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
5. Access and Use of the Service
5.1 License Grant
Subject to these Terms, Portal grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes.
5.2 Beta Access
Portal is currently in beta. During the beta period, access to the Service is provided free of charge. We reserve the right to introduce paid features or subscription services in the future, which will be clearly communicated to users.
5.3 Restrictions
You agree not to, and will not permit others to: a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party. b) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service. c) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Portal or its affiliates, partners, suppliers or licensors.
5.4 User Conduct
You agree not to use the Service to: a) Violate any applicable laws, regulations, or third-party rights. b) Transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. c) Impersonate or attempt to impersonate Portal, a Portal employee, another user, or any other person or entity. d) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Portal or users of the Service or expose them to liability.
6. Intellectual Property Rights
6.1 Ownership
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DARA LABS INC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Trademarks
"Portal" and all related names, logos, product and service names, designs, and slogans are trademarks of DARA LABS INC or its affiliates or licensors. You must not use such marks without the prior written permission of Portal.
7. User Content
7.1 User-Provided Content
You may be able to upload, submit, store, send or receive content through the Service, including files and images for summarization or analysis ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.
7.2 License to User Content
When you upload, submit, store, send or receive User Content to or through the Service, you give Portal (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones.
7.3 Responsibility for User Content
You are solely responsible for your User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.
8. Data Collection and Privacy
8.1 Data Collection
We collect data about pages visited and chats made with the AI assistant. We use this data to improve Portal's performance and personalize the experience for users. We do not show ads or sell data to third parties.
8.2 Privacy Policy
Your use of Portal is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more information on how we collect, use, and disclose information from our users.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Portal makes no warranty that: a) The Service will meet your requirements. b) The Service will be uninterrupted, timely, secure, or error-free. c) The results that may be obtained from the use of the Service will be accurate or reliable. d) The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
10. Limitation of Liability
IN NO EVENT SHALL PORTAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; c) ANY CONTENT OBTAINED FROM THE SERVICE; AND d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You agree to defend, indemnify and hold harmless Portal and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: a) Your use and access of the Service; b) Your violation of any term of these Terms; c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or d) Any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Service.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
12.2 Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
12.3 Waiver of Jury Trial
YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
12.4 Class Action Waiver
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED.
13. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease.
14. Miscellaneous
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Portal regarding the use of the Service, superseding any prior agreements between you and Portal relating to your use of the Service.
14.2 Waiver
The failure of Portal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Portal without restriction.
15. Contact Us
If you have any questions about these Terms, please contact us at hello@portal.so.
Last updated: 2024-09-24