Terms of Use

Last updated December 20, 2023

Pleace read the following Terms of use carefully. By Accessing or using our products or our services, you hereby agree to be bound by these Terms and conditions and terms incorporated herein by reference. It is the responsibility of you, the user, to read the terms and conditions before proceeding to use our products.

The present terms and conditions (this “Terms of Use” or “Terms”) is a legal agreement between you and Porada LLC (hereinafter "Company," "We," "Us," "Our"). These terms govern your use of our Products.

The website (https://my.porada.app), along with the application (the “Products”), is operated by Porada LLC. We offer our Products, including all of the information, tools and services available from the Products to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website/application and/or creating an account with us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms apply to all users of our Products, including without limitation users who are browsers, vendors, customers and/or contributors of content.

Please read these Terms carefully before accessing or using our Products. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools that are added to the current Products shall also be subject to the Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Products. We will update the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Products following the posting of any changes constitutes acceptance of those changes.

The Services are intended for users who have at least reached the age of majority in their state of permanent residence (generally the age of 18) and/or now below the age of 16 years with the consent of their guardian. Minors are not permitted to use our Products.

1. General Terms

By utilizing the Services and/or creating an account with Porada, you acknowledge and consent to the binding nature of the Terms (including the Privacy Policy). Furthermore, you commit to comply with all the operational rules, policies, and procedures published on the Porada Products. It is important to note that Porada reserves the right to modify these terms as deemed necessary.

You may not use our products for any illegal or unauthorized purpose nor you may, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Your Registration

In order to have full access to the Services, you must sign up and create an account (“Account”). You are solely responsible for any activity that occurs on your account. By agreeing to keep your password confidential, you are also agreeing to take responsibility for all activity conducted using your account and password. We may remove, reclaim, or change a username you choose if we believe it is inappropriate, offensive, or objectionable.

Those who have registered for our Services are referred to as "Users", while those who have not registered are called "Product Visitors". We have the right to refuse a registration for any legal reason, including without limitation, non-verification of the Account details (using email or text) or other considerations.

3. Account Types

We offer a single account (“Account”) which can be accessed as the Client and the Consultant. In order to access the Account as the Consultant, the user may be subjected to a verification process by Porada, after which the user will be able to offer their service to the Client. You agree to register for a single Account that requires a unique sign-in. Do not share your Account password with anyone. If you are creating an Account as an employee or agent on behalf of a company, you represent and warrant that you have the authority to enter into binding agreements, on behalf of yourself and the company. More than one person can create an Account as an employee or agent on behalf of the same company.

4. General Conditions

We reserve the right, in our sole discretion, to exclude or temporarily block your access to our Services, with or without notice for the following reasons:

Porada will adhere to the extent required by relevant laws regarding exclusions.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information (handled by the payment processor ‘Stripe’) is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our Products through which the service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

5. Circumvention by Client

What is Circumvention? The act of avoiding, evading, or forestalling something, often by cleverness or deception. Getting paid outside our platform is dangerous and against our Terms of Use.
We at Porada take circumvention seriously and consider it as a serious breach. If a client and a consultant meet at our platform but try to continue their relationship elsewhere, we consider it circumvention. Obvious example: trying to pay or get paid outside Porada, trying to contact outside the platform etc.
What should you do if someone asks you to move payments off our platform?
First of all, you should let the Client know it is against our Terms of Use. If someone is not willing to work on our platform, you should avoid getting into any contracts with them.

6. Your Privacy

When you use our Services, you consent to the processing of your information as described in our Privacy Policy, review it at https://www.porada.app/privacy-policy. Please note that if you provide Porada with the personal data of third parties, such as other users of the Services, this data will also be subject to the same policy.

7. User Representations

By using the Services, you represent and warrant that:

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

8. Your Content

For the purposes of these Terms, the term “Content” encompasses a wide range of materials, including but not limited to information, data, text, images, videos, audio clips, written submissions and comments, scripts, graphics, and interactive features that are generated, provided, or made accessible through the Services.

You acknowledge and agree that whoever posts Content is responsible for any harm caused to anyone by that Content – not Porada – and that you will compensate and defend us, our partners, employees and representatives against any costs or legal or government action we have because of your Content.

Responsibility for your Content
You understand that you are solely responsible for the content. You represent that you have all necessary rights to all parts of the Content and that you are not infringing or violating any third party’s rights by posting it.

Rights You Grant to Porada
By posting the Content, you grant Porada and, as authorized by Porada in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Porada or the Services in general, in any formats and through any channels, including across any Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent the Content contains any personal information.

Reporting Unauthorized Content
‍We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately reach us at the details mentioned in CONTACT US section below.

9. Third Party Services

Our Services provide the option to link to other websites, services, or resources on the Internet. Similarly, other websites, services, or resources may contain links to our Services. When accessing third-party resources on the Internet, you assume the associated risks. The presence of any such link does not indicate our endorsement or affiliation with the operators. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or losses arising from or related to the use or reliance on any content, goods, or services available through such websites or resources.

10. Billing and Payment

Billing
‍We utilize an external payment service provider ‘Stripe’ for billing purposes. Payment transactions are conducted through a billing account that is linked to your Porada account. In addition to these Terms, the terms and conditions as well as the data protection guidelines of the respective payment service provider apply when processing payments. We are not responsible for any errors or issues arising from the payment service provider’s operations. By registering for and using our Chargeable Services, you agree to pay, through the Payment Provider, all applicable charges in accordance with the agreed rates and payment terms.

Change of the authorized amount
‍In the event that the amount to be deducted from your billing account differs from the pre-authorized amount (excluding changes due to statutory tax), we will provide you with advance notice of the revised amount and the scheduled transaction date. By agreeing to this, you consent to the accumulated fees and their submission to your payment service provider as one or more consolidated fees during or at the end of each billing cycle.

Renewal of Authorization
‍By choosing not to cancel or discontinue the use of a Chargeable Service, you acknowledge and agree that we have the right to debit your payment method for the applicable fees associated with that service. We are authorized to claim the chargeable fees for services from your payment service provider. It is your responsibility to ensure that your account with the payment service provider has adequate funds to cover the fees, enabling us to collect them. Please note that this does not imply that we waive our right to claim payment from you directly.

11. Errors, Inaccuracies and Omissions

We are not responsible if any information made available regarding our Products is not accurate, incomplete, or not current. The material available on our Products is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material regarding our Products is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

12. Prohibited Activies

In addition to other prohibitions as set forth in the Terms of Service, you may not access or use the Services for any purpose other than that for which we make the Services available. You are prohibited from using the Products or its content:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. Your review can be deleted if it contains any content including but not limited to offensive profanity, or abusive, racist, offensive, or hateful language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; references to illegal activity; any false or misleading statements.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

15. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Porada, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, excluding its conflict-of-laws rules. You agree that any Dispute(s) shall be submitted to mediation conducted in accordance with the rules of the American Arbitration Association. Either Party may initiate mediation by filing a request for mediation with a copy served on the other Party. Neither the attorney-client nor work product privilege shall be deemed to have been waived by any statement or disclosure made in the proceedings.