Terms of Service
Last Updated: January 05, 2025
Thank you for using Porto!
These Terms of Service (“Terms”) are a binding legal agreement between you and Porto that govern the right to use the websites, applications, and other offerings from Porto (collectively, the “Porto Platform”). When used in these Terms, “Porto,” “we,” “us,” or “our” refers to the Porto entity set out on Schedule 1, which is owned and operated by ANCU Labs.
The Porto Platform enables users (“Clients”) to publish, offer, search for, and book spaces. Members who publish and offer spaces are “Venue Partners”, and members who search for, book, or use spaces are “Clients.” Venue Partners offer spaces (“Spaces”). As the provider of the Porto Platform, Porto (or its affiliates) does not own, control, offer, or manage any Listings. Porto is not a party to the contracts entered into directly between Clients and Venue Partners, nor is Porto a real estate broker, travel agency, or insurer. Porto is not acting as an agent in any capacity for any Member. To learn more about Porto’s role, see Section 16. The terms “you” and “your” refer to the individual or entity identified as the user or Venue Partner upon registration on the platform.
Table of Contents
Definitions
Client Terms
- Searching and Booking on Porto
- Cancellations, Reservation Issues, Refunds, and Booking Modifications
- Client Responsibilities and Assumption of Risk
Venue Partner Terms
- Listing on Porto
- Managing Your Listing
- Cancellations, Reservation Issues, and Booking Modifications
- Taxes
General Terms
- Reviews
- Content
- Fees
- Porto Platform Rules
- Termination, Suspension and other Measures
- Modification of Terms
- Resolving Complaints and Damage Claims
- Porto’s Role
- Member Accounts
- Disclaimer of Warranties
- Limitations on Liability
- Indemnification
- Contracting Entities
- Dispute Resolution, Governing Law, and Venue
- Miscellaneous
Schedule 1 - Contracting Entities
Definitions
1. Definitions
For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:
- Porto Platform – The digital booking platform owned and operated by Porto, primarily accessible via Telegram and other compatible interfaces, designed to facilitate the listing, promotion, and booking of spaces and services offered by Venue Partners.
- Client – Any individual or business entity that registers on the Porto Platform to browse, book, or utilize spaces offered by Venue Partners.
- Venue Partner – Any individual, legal entity, or business that lists and offers spaces or services on the Porto Platform for booking by Clients. Venue Partners are responsible for managing their listings, maintaining compliance, and ensuring the fulfillment of bookings.
- Booking – A confirmed reservation made by a Client through the Porto Platform to use a specific space or service offered by a Venue Partner.
- Booking Confirmation – A formal notification from the Porto Platform indicating the completion of a booking transaction, including details such as time, date, location, and applicable terms.
- Booking Fee – The total monetary amount payable by a Client for reserving a space or service through the Porto Platform, inclusive of applicable taxes and service fees.
- Service Fees – Additional fees Porto may charge for processing bookings, transactions, or other platform-related services. These fees are separate from the commission Porto retains from each booking.
- Commission – The percentage of each booking fee retained by Porto as compensation for providing the platform’s services and facilitating the booking process.
- Shared Wallet – A payment feature that allows multiple Clients to contribute funds collectively towards a single booking.
- Dashboard – The Venue Partner’s administrative interface on Porto, through which they manage listings, track bookings, update availability, and access performance analytics.
- User Data – Any personal or booking information collected from Clients or Venue Partners that is necessary to facilitate transactions, subject to Porto’s data privacy policies.
- Telegram – The third-party messaging platform through which Porto operates, providing the infrastructure for users to access services and manage bookings.
- Service Level Standards – The minimum quality, operational, and safety requirements that Venue Partners must adhere to when delivering services to Clients.
- Cancellation Policy – The rules governing how bookings may be canceled by Clients or Venue Partners, including any applicable fees, penalties, or refund entitlements.
- Force Majeure Event – Any event beyond the reasonable control of either party, including but not limited to natural disasters, acts of war, government-imposed restrictions, labor strikes, or pandemics, that make performance under this agreement impossible or impracticable.
- Confidential Information – All proprietary, non-public, or sensitive information disclosed between parties, including financial data, business methodologies, customer information, or operational strategies.
- Applicable Laws – All statutes, regulations, and legal obligations relevant to the activities under this agreement, enforced within the jurisdictions in which Porto and its users operate.
- Dispute Resolution Procedures – The mechanisms established in these Terms for resolving conflicts between parties, including negotiation, mediation, and arbitration.
Client Terms
2. Searching and Booking on Porto
2.1 Searching for Venues
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Clients can search for venues on Porto using filters such as location, venue type, availability, amenities, and pricing.
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Search results are ranked based on relevance, price, availability, reviews, popularity, Venue reliability, and cancellation history.
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Porto may adjust search results to enhance user experience and platform quality. Factors influencing search ranking include:
- Venue reliability (booking acceptance rate, timely responses).
- User preferences (saved venues, previous bookings).
- Availability and pricing (competitive rates, dynamic pricing). Cancellation history (venues with excessive cancellations may rank lower).
2.2 Booking a Venue
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When booking a venue, clients agree to pay the Total Price, which includes:
- Listing price (set by the venue).
- Service fees (if applicable).
- Taxes and additional charges (if applicable).
- If the payment was processed via Porto, clients authorize Porto or its payment provider to charge their selected payment method.
- For bookings where manual payments are required, Porto facilitates the reservation, but payment must be arranged directly with the venue. Porto is not responsible for disputes in manual payment cases.
- Once a booking is confirmed, a binding contract is formed between the client and the venue partner. The contract includes:
- These Terms of Service.
- The venue’s individual policies (e.g., cancellation policy, house rules).
- Any additional terms displayed during checkout.
- Clients must review and understand all venue policies before confirming a booking.
2.3 Venue Reservations.
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A confirmed booking grants the client a limited right to access and use the venue for the agreed period. Venues retain full ownership and operational control during the booking period. Venue partners may enter the property under the following conditions:
- If required by law or safety regulations.
- If explicitly stated in the venue’s policies.
- For maintenance or emergency situations with reasonable notice.
- Clients must check out on time. If a client overstays beyond the agreed time, the venue may impose overstay penalties or take appropriate legal action.
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Clients must not exceed the maximum allowed capacity of the venue, as specified in the listing.
Cancellations, Reservation Issues, Refunds, and Booking Modifications.
3.1 Client Cancellations, Reservation Issues, and Refunds.
Cancelling a Booking
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If you need to cancel a booking, the refund amount is determined by the cancellation policy set by the venue partner at the time of booking. Porto enforces the selected policy for payments processed via Porto.
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Cancellation policies are displayed before confirming a booking. The available options are:
- Flexible: No refunds for cancellations within 12 hours of the booking. 50% refund for cancellations 12–24 hours before the booking. Free cancellation 24+ hours before the booking.
- Moderate: No refunds for cancellations within 24 hours. 50% refund for cancellations made 24 hours to 5 days before the booking. Free cancellation 5+ days before the booking.
- Strict: No refunds for cancellations within 7 days. 50% refund for cancellations made 7 to 30 days before the booking. Free cancellation 30+ days before the booking.
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If you cancel a direct payment booking, refunds must be requested directly from the venue partner. Porto does not handle refunds for manually paid bookings.
Venue Cancellations
- If a venue cancels your confirmed booking, you will receive a full refund if the payment was processed via Porto.
- Porto may lower the venue’s ranking if they repeatedly cancel bookings to ensure reliability for clients.
Issues with a Booking
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If a confirmed booking has a problem upon arrival, such as:
- The venue is unavailable or inaccessible.
- The venue does not match the description (e.g., incorrect location, missing amenities, significant maintenance issues).
- The venue partner refuses entry despite a valid reservation.
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You must report the issue to Porto within 24 hours of the booking start time. If Porto determines the issue is valid and the payment was processed via Porto, you may be eligible for:
- A full or partial refund, or
- Rebooking assistance at a similar venue.
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For direct payment bookings, you must resolve the issue directly with the venue partner, as Porto does not process refunds for bookings paid outside the platform.
Force Majeure / Major Disruptive Events
- If a major event outside your control (such as a natural disaster, government restrictions, or emergency circumstances) forces you to cancel, you may request a refund under Major Disruptive Events Policy.
- You must provide supporting documentation (e.g., official notices, travel restrictions) for review. Refunds are not guaranteed and will be evaluated on a case-by-case basis.
Refund Processing
- Refunds for payments processed via Porto (Powered by Stripe) will be credited to your default Porto wallet within 5–10 business days.
- Funds in the default Porto wallet can be used for future bookings or withdrawn to your preferred payment method, subject to Porto’s withdrawal policies.
- Porto does not handle refunds for direct payments to venues—clients must request the refund directly from the venue partner.
Client Responsibilities and Assumption of Risk
4.1 Client Responsibilities.
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As a client using the Porto Platform, you are responsible for:
- Your actions and omissions, as well as those of any guests you invite to the booked venue.
- Leaving the venue and any common areas (if applicable) in the same condition as when you arrived.
- Complying with all venue rules, house policies, and local laws during your booking.
- Respecting the venue partner’s property and ensuring that no damage occurs during your use of the space.
- Paying any reasonable damage fees if you or your guests cause damage to the venue or its property.
- Acting with integrity, treating venue partners and Porto staff with respect, and using the platform in good faith.
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If you are booking a venue for an additional guest who is a minor, or if you bring a minor to the venue, you must:
- Be legally authorized to act on behalf of the minor.
- Take full responsibility for the minor’s actions and ensure their safety and supervision at all times.
Failure to comply with these responsibilities may result in account suspension, financial penalties, or legal action by the venue partner or Porto.
4.2 Client Responsibilities.
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You acknowledge that using venues and services on the Porto Platform carries inherent risks, including but not limited to:
- Injury, accidents, or unexpected incidents at the venue.
- Property loss or damage due to unforeseen circumstances.
- Service disruptions caused by external factors beyond Porto’s control.
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By making a booking, you freely and voluntarily assume these risks.
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It is your responsibility to assess the suitability and safety of a venue before making a reservation.
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Porto does not own, manage, or inspect the venues listed, and it is not liable for any injury, damage, or loss you experience while using a venue.
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Venue partners may have additional disclaimers and safety policies that apply to their space. You must review and agree to these before completing your booking.
By using the Porto Platform, you agree that Porto is not responsible for any injury, damage, or loss arising from your use of a venue, except where required by law.
Venue Partner Terms
5. Listing on Porto
5.1 Becoming a Venue Partner.
- As a Venue Partner, Porto provides you the right to use the Porto Platform to list and manage your venue, offer your space to clients, and generate revenue.
- You have full control over your pricing, availability, and booking policies.
- You can create customized rules and requirements for your venue (e.g., security deposits, access restrictions).
- Porto helps connect your venue with a wide audience of clients looking for spaces like yours.
By listing your venue, you agree to abide by these Terms of Service and ensure that your venue is accurately represented.
5.2 Contracting with Clients.
- When you accept a booking request or receive a confirmed reservation through Porto, you are entering into a direct contract with the client. You are responsible for delivering the booked service at the price and terms specified in your listing.
- For payments processed via Porto:
- Porto will deduct its 15% service fee before transferring the remaining payout to you.
- Any applicable taxes or government charges must be factored into your pricing.
- For direct payments, clients will handle the transaction directly with you, and Porto does not process refunds or disputes related to manual payments. Any additional terms or contracts you provide to clients must:
- Be consistent with Porto’s Terms of Service and policies.
- Be clearly stated in your listing before a client confirms a booking.
5.3 Independence of Venue Partners.
- Your relationship with Porto is that of an independent business. You are not an employee, agent, or partner of Porto.
- Porto does not control your pricing, availability, or operational decisions. You have full discretion in managing your venue.
- Porto only facilitates bookings and payments; it does not own, manage, or operate any venues listed on the platform.
- You are solely responsible for ensuring that your venue complies with all applicable laws, regulations, and safety requirements.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing.
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The Porto Platform provides tools to help you set up and manage your venue listing efficiently.
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Your listing must include complete and accurate details about your venue, including:
- Location, pricing, availability, amenities, rules, and policies.
- Any additional charges such as cleaning fees, security deposits, or setup fees must be clearly disclosed.
- You are responsible for:
- Updating your calendar and availability to prevent double bookings.
- Ensuring that all photos and descriptions accurately reflect your venue.
- Handling client expectations based on what is presented in your listing.
- Venue partners are encouraged to obtain appropriate insurance coverage to protect against potential damages or liability claims.
6.2 Compliance with Legal and Regulatory Requirements.
- As a venue partner, you are responsible for understanding and complying with all applicable laws, regulations, and contracts related to your venue and listing services.
- Certain locations may have zoning laws, rental restrictions, or licensing requirements that govern short-term venue rentals. You must ensure compliance with such regulations.
- You are responsible for:
- Obtaining any required licenses, permits, or approvals to legally operate your venue.
- Ensuring your venue complies with local health, fire, and safety regulations.
- Properly handling and storing personal data of clients in accordance with privacy laws.
- Porto provides general guidance, but you should seek legal advice if you are unsure about local regulations affecting your venue.
6.3 Search Ranking and Visibility.
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Porto ranks venue listings based on a combination of factors, including:
- Client search criteria (location, price, venue type, availability).
- Venue performance (booking acceptance rate, reviews, cancellations).
- Engagement metrics (how often clients view and save the listing).
- Competitive pricing and availability.
- Client experience (positive reviews, quick responses, reliable service).
Venues with higher engagement, positive reviews, and consistent availability will generally rank higher in search results. Porto may offer promotional programs where venue partners can boost their listing visibility through paid promotions or featured placements.
6.4 Responsibilities of Venue Partners.
- Venue partners are fully responsible for their actions and omissions, as well as the actions of anyone who assists in operating their venue.
- You must:
- Clearly outline your rules and policies in your listing.
- Not charge additional fees outside of what is disclosed on Porto unless explicitly permitted.
- Respond promptly to booking requests and client inquiries to maintain platform reliability.
- Encouraging clients to book outside the Porto platform or request direct payments in violation of these Terms may result in listing suspension or account termination.
6.5 Listing as a Business or Team.
- If you operate as part of a business, team, or organization, you are responsible for ensuring all team members comply with Porto’s Terms.
- If you authorize a staff member to manage your listing, you are still fully responsible for their actions and compliance with platform rules.
- If your business enters into third-party contracts (e.g., with property managers), you must ensure that:
- You have the legal authority to bind your business to those agreements.
- Your business is legally registered and in good standing in your jurisdiction.
- If you instruct Porto to send payments to a team member, you are responsible for ensuring payment details are accurate and authorized.
6.6 Assumption of Risk.
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Listing a venue on Porto involves inherent risks, including:
- Property damage, liability claims, or operational disruptions.
- Unexpected incidents involving clients using your venue.
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By listing your venue, you freely assume these risks and agree that Porto is not liable for any damages, losses, or legal claims resulting from your listing activities.
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You are responsible for:
- Evaluating and managing potential risks associated with your venue.
- Obtaining liability insurance (if applicable) to cover potential issues.
- Ensuring a safe and compliant venue environment for clients.
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Porto does not provide insurance for venue partners, so you are encouraged to review your policies carefully. to cover potential issues.
7. Cancellations, Reservation Issues, and Booking Modifications.
7.1 Cancellations and Reservation Issues.
Client Cancellations & Payouts to Venue Partners
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If a client cancels a booking, the amount paid to you is determined by the cancellation policy you selected for that reservation. Porto enforces the following cancellation policies for payments processed via Porto:
- Flexible: No payout if canceled within 12 hours of the booking. 50% payout if canceled 12–24 hours before the booking. Full payout if canceled beyond 24 hours.
- Moderate: No payout if canceled within 24 hours of the booking. 50% payout if canceled 24 hours to 5 days before the booking. Full payout if canceled beyond 5 days.
- Strict: No payout if canceled within 7 days of the booking. 50% payout if canceled 7 to 30 days before the booking. Full payout if canceled beyond 30 days.
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If the client paid directly to you (manual payment bookings), you must handle refunds directly according to your stated policy. Porto does not process refunds for manual payment bookings.
Venue-Initiated Cancellations
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Venue partners should not cancel confirmed bookings unless necessary due to exceptional circumstances (e.g., force majeure, venue damage, or legal restrictions). If you cancel a booking without valid justification, Porto may impose penalties, such as:
- Reducing your listing’s search ranking to maintain reliability.
- Charging a cancellation fee, which may be deducted from your future payouts.
- Temporarily suspending your ability to accept new bookings if repeated cancellations occur.
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If you must cancel due to unforeseen circumstances, Porto will evaluate the case under its Porto's Major Disruptive Events Policy. and may waive penalties.
Reservation Issues & Refunds to Clients
- If a client experiences a reservation issue where the venue is unavailable, inaccessible, or does not
match the listing description, Porto may issue partial or full refunds to the client if the booking
was processed via Porto.
- If Porto refunds the client after you have received payment, Porto may recover the refunded amount from your future payouts.
- If a refund or issue occurs before your payout is released, Porto may hold your payout until a final resolution is determined.
8. Taxes.
8.1 Venue Partner Tax Responsibilities.
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As a venue partner, you are responsible for determining and fulfilling your tax obligations, including reporting, collecting, remitting, or including applicable taxes such as:
- Value-Added Tax (VAT) or other indirect taxes.
- Tourism, occupancy, or rental taxes (if applicable in your jurisdiction).
- Income or corporate taxes on earnings from your listings.
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Porto does not provide tax advice. You should consult a tax professional to understand your obligations.
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If applicable, you must ensure that your pricing includes any required taxes and clearly disclose any additional charges in your listing.
8.2 Collection and Remittance by Porto (If Applicable).
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In certain jurisdictions, Porto may be required to collect and/or remit taxes on your behalf. If Porto facilitates tax collection, you authorize Porto to:
- Collect applicable taxes from clients at the time of booking.
- Remit the collected taxes to the relevant tax authority.
- Provide tax-related transaction records to comply with regulations.
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If the taxes collected by Porto are insufficient to cover your full tax liability, you are responsible for paying the remaining balance directly to the tax authority.
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Porto may, with prior notice, cease collecting and remitting taxes in certain jurisdictions, in which case you will be fully responsible for your tax obligations.
8.3 Tax Information and Compliance.
- Some jurisdictions require Porto to collect and report tax information about venue partners. If required:
- You must provide Porto with accurate tax information, such as a VAT ID or tax registration number.
- Porto may be required to withhold taxes from your payouts if proper documentation is not provided.
- If Porto issues tax invoices or reports on your behalf, you authorize Porto to generate tax documentation in compliance with local regulations.
- You are responsible for keeping your tax information up to date on the Porto platform to avoid disruptions in payouts or compliance issues.
General Terms
9. Reviews
- After each completed booking, clients will have the opportunity to leave a review about their experience with the venue.
- Reviews must be honest, accurate, and relevant to the booking experience.
9.1 Review Guidelines.
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Reviews must not contain:
- Discriminatory, offensive, defamatory, or misleading language.
- False claims or misinformation intended to harm a venue’s reputation.
- Personal information (such as contact details, names of staff, or private client details).
- Incentivized reviews, where a venue offers benefits in exchange for positive feedback.
- Clients must base their reviews on their actual experience at the venue.
9.2 Moderation and Disputes.
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Porto does not verify reviews for accuracy but reserves the right to remove or modify reviews that:
- Violate the platform’s review guidelines.
- Are flagged by a venue partner for containing false or misleading statements.
- Are deemed abusive, spam, or intentionally damaging to a venue’s reputation.
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If a venue partner believes a review is false or unfair, they may report it to Porto for investigation.
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Porto will assess the review and may remove it if it is found to be in violation of these Terms.
9.3 Impact of Reviews.
- Reviews affect a venue’s search ranking and visibility on Porto.
- Venues with consistently high ratings may receive priority placement in search results.
- Repeated negative reviews may lead to lower visibility or listing suspension if they indicate ongoing service issues.
10. Content.
10.1 Providing Content on Porto.
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Certain parts of the Porto Platform allow you to upload, submit, or share content, including but not limited to:
- Photos, text, descriptions, videos, audio, reviews, and other materials related to your venue or experience.
- By uploading or submitting content to Porto, you grant Porto a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to:
- Access, use, store, copy, modify, create derivative works of, distribute, publish, transmit, stream, and promote the content for the purpose of operating, marketing, and improving the Porto Platform.
- Display your venue listings, photos, or promotional content across Porto’s platform, social media, third-party marketing, and other distribution channels.
10.2 Ownership and Responsibilities.
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You own and retain all rights to any content you upload to Porto. However, by submitting content, you confirm that:
- You have the necessary rights to grant Porto permission to use the content.
- Your content does not infringe on any copyrights, trademarks, or privacy rights of any third party.
- Your content complies with Porto’s Content Policy, including restrictions on:
- Discriminatory, obscene, misleading, violent, or illegal content.
- False advertising or deceptive listing descriptions.
- Content that violates intellectual property or data protection laws.
- If your content includes personal information, Porto will use it only in compliance with data protection laws and as outlined in Porto’s Privacy Policy.
10.3 Moderation and Removal of Content.
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Porto reserves the right to review, remove, or disable any content that:
- Violates Porto’s Terms of Service, Content Policy, or Privacy Policy.
- Is reported as misleading, harmful, or unlawful.
- Contains spam, fraud, or unauthorized promotional material.
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Venue partners or clients who repeatedly violate content policies may face suspension or removal from the platform.
10.4 Translations and Adaptations.
- Porto may offer automated tools or services to translate content into different languages to enhance accessibility.
- Porto does not guarantee the accuracy or quality of translations. Venue partners and clients are responsible for verifying the correctness of translated content before relying on it.
11. Fees.
11.1 Service Fees.
- Porto may charge service fees (including applicable taxes) to venue partners and clients for the right to use the Porto Platform.
- Service fees are disclosed before confirming a booking and may include:
- Venue Partner Fees: A 15% commission on each booking processed via Porto if the payment was processed via Porto.
- Client Fees: Additional service fees may apply to certain bookings or premium features.
11.2 Service Fees.
- Service fees are non-refundable, except where Porto explicitly states otherwise.
- Any applicable taxes on fees will be added and collected at checkout.
- If a booking is canceled, the refund amount will follow the cancellation policy, but Porto’s service fees may remain non-refundable unless explicitly stated.
11.3 Fee Adjustments and Changes.
- Porto reserves the right to adjust service fees at any time.
- If Porto changes service fees, affected users will be notified in advance, and the new fees will apply only to future bookings made after the change takes effect.
- If you disagree with a fee change, you may stop using Porto and terminate your account at any time.
12. Porto Platform Rules.
12.1 Rules for Using the Porto Platform.
- All users of the Porto Platform must follow these rules and must not help or encourage others to violate or circumvent these Terms.
Act with Integrity and Treat Others with Respect
- Do not misrepresent yourself, your venue, or any information on the Porto Platform.
- Be polite and professional in all communications with clients, venue partners, and Porto representatives.
- Do not attempt to bypass Porto’s Terms, policies, or enforcement actions (e.g., by creating duplicate accounts).
- Do not engage in harassment, hate speech, or discriminatory behavior.
Maintain Security and Protect the Porto Platform
- Do not use bots, scrapers, or automated tools to collect data or interact with the platform.
- Do not hack, reverse engineer, or interfere with Porto’s software, security measures, or platform functionality.
- Do not attempt to manipulate search rankings or artificially boost listing visibility.
- Do not impersonate another user, venue partner, or Porto representative.
Use the Platform as Intended
- You may only use another Member’s personal information as necessary to facilitate a legitimate transaction through Porto.
- Do not use Porto’s messaging tools or user data to send commercial messages without express consent.
- Venue partners may only use images, descriptions, and branding that they own or have permission to use.
- Do not request, accept, or process bookings or payments outside of the Porto Platform unless explicitly authorized.
Honor Your Legal Obligations
- Understand and follow all laws applicable to your business, including those related to privacy, data protection, and taxes.
- If you provide Porto with someone else’s personal information, you
must:
- Do so lawfully.
- Have authorization to share it.
- Allow Porto to process the information in accordance with the Privacy Policy.
- Do not offer services or experiences that violate local laws, regulations, or agreements.
- Do not offer or participate in illegal, fraudulent, or unethical activities, including human trafficking, prostitution, or unauthorized events.
12.2 Reporting Violations.
- If you believe that a user, listing, or content poses an immediate risk to people or property, contact local authorities first before reporting the issue to Porto.
- If you believe a user, venue, or content violates Porto’s standards or policies, report it to Porto immediately.
- If you have already reported an issue to law enforcement, Porto may request a copy of the report to assist in further action.
- Porto may, at its discretion, remove content, suspend accounts, or take legal action against users who violate these rules.
12.3 Copyright and Intellectual Property.
- If you believe that content on Porto infringes your copyright or intellectual property rights, you may file a copyright complaint to Porto.
- Porto will review copyright infringement claims and may remove or restrict access to infringing content if necessary.
13. Termination, Suspension, and Other Measures.
13.1 Term.
- The agreement between you and Porto, as reflected in these Terms, becomes effective when you access the Porto Platform (such as by creating an account) and remains in effect until either you or Porto terminates it in accordance with these Terms.
13.2 Termination.
- You may terminate your account at any time by:
- Sending a termination request to Porto support via email.
- Deleting your account through the Porto Platform.
- Porto may terminate this agreement and your account:
- With 30 days’ notice via email or the contact information provided in your account.
- Immediately and without notice if:
- You breach these Terms or any Additional Legal Terms or Policies.
- You violate applicable laws or infringe the rights of Porto, other users, or third parties.
- Porto reasonably determines that termination is necessary to protect the platform, its users, or third parties.
- If your account has been inactive for more than two years, Porto may terminate it without prior notice.
13.3 Violations and Enforcement Measures.
- If you breach these Terms, violate laws, or Porto reasonably believes action is necessary, Porto may, with or without prior notice:
- Suspend or restrict your access to the Porto Platform.
- Temporarily or permanently remove your listing or other content.
- Cancel pending or confirmed bookings associated with your account.
- Revoke special status or privileges associated with your account (e.g., featured listing status).
For minor violations or first-time offenses, Porto may provide a warning and an opportunity to resolve the issue before taking enforcement action.
You may appeal any actions taken under this section by contacting Porto customer support. If a confirmed booking is canceled due to a violation, Porto may reduce or withhold the payout and refund the client, along with covering any costs Porto incurs as a result.
13.4 Compliance with Legal Mandates.
- Porto may take any action it deems necessary to comply with applicable laws, court orders, law enforcement requests, or regulatory mandates.
- This may include any of the measures described in Section 13.3, including account suspension or data access restrictions.
13.5 Effect of Termination.
- If you are a venue partner and terminate your Porto account, any confirmed bookings will be automatically canceled, and clients will receive a full refund if the payment was processed via Porto.
- If you are a client and terminate your account, any confirmed bookings will be automatically canceled, and any refund will depend on the venue’s cancellation policy.
- Upon termination, you will lose access to your account, and Porto is not obligated to restore your account or any of your content. -If your account has been suspended or terminated by Porto, you may not register a new account or use another member’s account to access Porto.
13.6 Survival.
- Certain sections of these Terms will survive termination, including:
- Dispute Resolution & Arbitration
- Intellectual Property & Content Rights
- Liability Limitations
- Tax Obligations
These terms remain binding even after your account is closed.
14. Modification of Terms.
- Porto may modify these Terms of Service at any time.
- When material changes are made, Porto will:
- Post the updated Terms on the Porto Platform.
- Update the “Last Updated” date at the top of the Terms.
- Provide at least 30 days’ notice before the changes take effect, using one or more of the following methods:
- Email notification to the registered email on your account.
- In-app notifications on the Porto Platform.
- Messaging services or other contact methods you have selected.
14.1 Disagreeing with Updates.
- If you disagree with the revised Terms, you may terminate your agreement immediately by deleting your account.
- If you do not terminate your account before the updated Terms take effect, your continued use of the Porto Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
15.1 Responsibility for Damages.
- Clients are responsible for any damage they cause to a venue’s property, equipment, or furnishings during their booking.
- Venue partners are responsible for maintaining their venues and ensuring they match the descriptions provided in their listings. If a dispute arises regarding damage, excessive cleaning fees, or service issues, the venue partner and client must resolve the matter directly.Porto does not process or mediate damage claims.
15.2 Client Responsibilities.
- By booking a venue through Porto, you agree to be financially responsible for:
- Any damages caused to the venue’s property.
- Any excessive cleaning fees beyond normal use, as outlined by the venue’s rules.
- Any unauthorized use of the venue that results in additional costs to the venue partner.
- Venue partners may request direct payment from clients for damages, or pursue legal action if necessary.
15.3 Venue Partner Responsibilities.
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By listing a venue on Porto, venue partners acknowledge that Porto is not responsible for:
- Damage claims, security deposits, or insurance coverage.
- Recovering payments from clients for damages.
- Enforcing any agreements made outside of the Porto platform.
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Venue partners are encouraged to:
- Clearly state their damage and cleaning policies in their listings.
- Request a security deposit directly from clients if needed.
- Obtain appropriate insurance coverage to protect against damages or losses.
15.4 Dispute Resolution Between Clients and Venue Partners.
- Porto does not mediate disputes related to property damage, cleaning fees, or refunds outside of its stated cancellation policies.
- Venue partners and clients must resolve disputes independently.
- If a dispute escalates, Porto reserves the right to:
- Restrict future bookings for repeat offenders (clients or venues).
- Suspend listings or accounts involved in fraudulent or bad-faith disputes.
16. Porto’s Role.
Porto provides a platform that enables venue partners to list and offer spaces, and clients to search for and book those spaces. While Porto works to ensure a smooth experience for all users, Porto does not control or guarantee the actions, conduct, or quality of services provided by venue partners or clients.
16.1 Platform Facilitation.
- Porto is not a property manager, real estate broker, insurer, or employer of venue partners or clients.
- Porto does not own, manage, operate, or inspect any venue listings and is not responsible for the condition, legality, or suitability of any venue listed on the platform.
- Porto does not guarantee that venue partners or clients will fulfill their obligations, make payments, or comply with agreements made on or outside the platform.
16.2 Monitoring and Enforcement.
- Porto may, but is not obligated to, monitor the use of the platform and verify information provided by venue partners and clients.
- Porto may review, remove, or edit content to:
- Ensure compliance with these Terms.
- Improve platform security (including fraud prevention and risk assessment).
- Address reported or harmful content.
- Enforce quality standards by removing listings that do not meet Porto’s criteria.
- Comply with applicable laws, court orders, or law enforcement requests.
- Porto administers its policies and enforcement actions at its sole discretion, including decisions on account suspensions, listing removals, and other compliance measures.
16.3 User Cooperation and Compliance.
- Users agree to cooperate with Porto in good faith when Porto requests information regarding platform use, potential violations, or security concerns.
- If requested, users must provide reasonable assistance to Porto in investigating potential misuse or disputes on the platform.
16.4 No Agency or Employment Relationship.
- Porto is not acting as an agent for any venue partner or client.
- Venue partners and clients are independent parties and Porto does not manage their business operations.
- The only exception is where Porto facilitates payment processing, in which case Porto acts only as a payment collection agent.
17. Member Accounts.
17.1 Account Registration and Eligibility.
- To access and use many features of the Porto Platform, you must register an account.
- Registration is only permitted for:
- Legal entities, partnerships, and individuals who are 18 years or older.
- Users who are not barred from using the Porto Platform under the laws of their country of residence or other applicable jurisdictions.
- By creating an account, you represent and warrant that:
- All information provided is accurate, current, and complete.
- You will keep your account details updated.
17.2 Account Security and Responsibility.
- You may not transfer or assign your account to another person or entity.
- You are responsible for maintaining the confidentiality of your account credentials and may not share them with third parties.
- You are liable for all activities conducted through your account.
- If you suspect that your account credentials have been lost, stolen, or compromised, you must immediately notify Porto.
17.3 Identity Verification and Background Checks.
- Porto may, but is not obligated to:
- Request identification documents or other information to verify your identity.
- Conduct background checks to verify user credentials.
- Screen users against third-party databases or public records.
- If required by law or Porto’s policies, certain users may need to submit additional documentation before gaining access to specific features.
18. Disclaimer of Warranties.
- The Porto Platform and all content, listings, and services are provided “as is” and “as available” without any warranty of any kind.
- Porto (or its affiliates) disclaims all warranties, whether express or implied, including but not limited to:
- The existence, conduct, performance, safety, quality, legality, or suitability of any client, venue partner, venue listing, or third party.
- The uninterrupted operation of the Porto Platform or its availability at all times.
- The effectiveness or accuracy of any identity or background checks conducted on members or listings (if applicable).
18.1 No Endorsements or Guarantees.
- Any references to a member or listing being “verified” (or similar terms) only indicate that Porto has completed a basic verification process and does not guarantee safety, legality, or future performance.
- Porto does not endorse or warrant the quality of any listing, service, or experience provided by venue partners.
18.2 Legal Limitations.
- The disclaimers in this section apply to the maximum extent permitted by law.
- If applicable law grants statutory rights or warranties that cannot be waived, the duration of such warranties is limited to the maximum extent permitted by law.
19. Limitations on Liability.
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Porto (including its affiliates, employees, and service providers) is not liable for any incidental, special, exemplary, or consequential damages, including but not limited to:
- Lost profits, lost revenue, loss of data, loss of goodwill, service interruptions, or system failures.
- Personal injury, bodily harm, emotional distress, or other damages arising from: - Your use of or inability to use the Porto Platform. - Any communications, interactions, or disputes with other members of the platform.
- The publishing, booking, provision, or use of a venue listing.
19.1 No Liability for Third-Party Actions.
- Porto does not control, manage, or guarantee the conduct of venue partners, clients, or any third parties.
- Any disputes, damages, or issues related to a venue booking must be resolved directly between the client and venue partner.
19.2 Financial Liability Limitations.
- Except where required by law, Porto’s maximum liability for any claim, dispute, or damages arising from these Terms or the Porto Platform is limited to:
- For clients: The total amount paid by the client for bookings made through Porto in the 12 months preceding the event giving rise to the liability.
- For venue partners: The total amount paid to the venue partner through Porto in the 12 months preceding the event giving rise to the liability.
- For all other users: A maximum of 100 U.S. dollars (US$100).
19.3 Legal Compliance and Exceptions.
- These limitations of liability are fundamental elements of the agreement between you and Porto.
- If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Porto’s option), indemnify, and hold Porto (including its affiliates, employees, and service providers) harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in connection with:
- Your breach of these Terms, including any supplemental or additional terms, policies, or standards that apply to specific features or services on the Porto Platform.
- Your improper use of the Porto Platform, including misuse of the booking system, violation of platform rules, or unauthorized interactions with other users.
- Your interactions with any client, venue partner, or third party, including but not limited to:
- Any injuries, losses, or damages (compensatory, direct, incidental, or consequential) arising from a booking, venue use, or service provided.
- Any disputes, claims, or complaints arising between venue partners and clients.
- Your failure (or Porto’s failure at your direction) to report, collect, or remit taxes accurately in accordance with applicable tax laws.
- Your violation of any applicable laws, regulations, or third-party rights, including but not limited to intellectual property, privacy, and contractual obligations.
20.1 Defense and Legal Costs.
- Porto reserves the right to assume control over any legal defense related to claims covered under this indemnification clause.
- If Porto chooses to exercise this right, you agree to cooperate fully with Porto in handling the legal proceedings.
- Porto is not responsible for covering any legal fees or settlements related to claims made against you.
21. Contracting Entities.
- The Porto entity you are contracting with depends on your country of residence or business establishment, as detailed in Schedule 1.
- If Porto identifies a specific Porto entity responsible for a product, feature, or transaction, that entity becomes your contracting entity for that specific service.
21.1 Determining Your Contracting Entity.
- If you reside or operate in the Middle East, Africa, or Asia (excluding Russia), you are contracting with:
- ANCU Labs FZE LLC, registered in Sharjah, UAE.
- If you reside or operate in Russia or CIS countries, you are contracting with:
- ANCU Labs LLC, registered in Innopolis, Republic of Tatarstan, Russia.
If you change your country of residence or business establishment, the Porto entity you contract with may change accordingly, effective from the date of your update.
22. Dispute Resolution, Governing Law, and Venue.
22.1 Governing Law.
- These Terms will be interpreted and enforced in accordance with the laws of the United Arab Emirates (UAE) and the Russian Federation, depending on your contracting entity as outlined in Section 21 (Contracting Entities).
- The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- If mandatory statutory consumer protection laws in your country of residence provide additional rights, those provisions shall apply irrespective of the chosen governing law.
22.2 Jurisdiction and Dispute Resolution.
For Users in the Middle East, Africa, and Asia (excluding Russia)
- Any dispute, controversy, or claim arising from these Terms or the use of the Porto Platform shall be subject to the exclusive jurisdiction of the courts of Sharjah, UAE.
For Users in Russia and CIS Countries
- Any dispute, controversy, or claim arising from these Terms or the use of the Porto Platform shall be subject to the exclusive jurisdiction of the courts of Innopolis, Republic of Tatarstan, Russia.
22.3 Consumer Rights and Legal Proceedings.
- If you are acting as an individual consumer, you may bring any legal proceedings related to these Terms before:
- The competent court of Porto’s contracting entity responsible for your region (as outlined in Section 21).
- If Porto wishes to enforce its rights against you, it may do so only in the courts of your place of residence.
- If you are using Porto as a business entity, you agree to submit to the exclusive jurisdiction of the courts applicable to your contracting entity.
23. Miscellaneous
23.1 Additional Policies and Terms.
- Various Porto policies, guidelines, and supplemental terms apply to your use of the Porto Platform and are incorporated by reference into these Terms.
- These include, but are not limited to, policies on content, refunds, security, and compliance.
- By using the Porto Platform, you agree to abide by all applicable policies and terms linked within these Terms.
23.2 Interpretation of These Terms
- These Terms, along with any applicable supplemental terms or policies, constitute the entire agreement between you and Porto regarding the use of the platform.
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply in full force.
- Where the word "will" is used in these Terms, it carries the same meaning as "shall", signifying an obligation.
23.3 No Waiver
- Porto’s failure to enforce any right or provision in these Terms does not constitute a waiver unless explicitly acknowledged in writing.
- The exercise of any rights or remedies under these Terms does not prevent Porto from pursuing other available legal remedies.
23.4 Assignment
- You may not assign, transfer, or delegate your rights or obligations under these Terms without prior written consent from Porto.
- Porto may, without restriction, assign, transfer, or delegate these Terms and its rights and obligations with 30 days’ prior notice.
23.5 Notices and Communications
- Porto will provide official communications via electronic means, including:
- Email to the registered email address on your Porto account.
- In-app notifications through the Porto Platform.
- Other contact methods enabled by Porto and selected by you.
- You are responsible for keeping your contact information updated to receive important notifications.
23.6 Third-Party Services
- The Porto Platform may contain links to third-party services, websites, or applications that have their own terms and privacy policies.
- Porto is not responsible or liable for any aspect of these third-party services, nor does it endorse or control their content or operations.
23.7 Intellectual Property and Platform Content
- All logos, trademarks, software, and content available on the Porto Platform belong to Porto or its licensors and are protected under copyright, trademark, and intellectual property laws.
- You may not copy, modify, distribute, or exploit Porto’s intellectual property without explicit permission.
- Subject to compliance with these Terms, Porto grants you a limited, non-exclusive, non-transferable license to use the platform for personal and business use only.
23.8 Force Majeure
- Porto is not liable for any failure to perform its obligations due to unforeseeable events beyond its reasonable control, including but not limited to:
- Natural disasters, acts of God, pandemics, government actions, wars, terrorism, riots, labor strikes, and infrastructure failures.
23.9 Emails and SMS Communications
- You will receive administrative communications from Porto regarding your account, bookings, and platform updates.
- If you opt-in for promotional emails or SMS notifications, you may receive additional marketing content from Porto.
- You can manage your notification preferences in your Porto account settings.
23.10 Contact Us
- If you have any questions, concerns, or complaints about these Terms, or if you need further assistance, please contact us at support@porto.bot. We are committed to addressing your inquiries and providing the support you need.
Schedule 1 - Contracting Entities.
Your contracting entity depends on your place of residence or establishment and the nature of your activity on the Porto Platform.
For Users in the Middle East, Africa, and Asia (excluding Russia)
Your Activity on the Porto Platform | Porto Contracting Entity | Contact Information |
---|---|---|
Listing or booking venues where ANCU Labs FZE LLC is identified as the responsible entity in the checkout or listing process. | ANCU Labs FZE LLC | Sharjah Publishing City Free Zone, Sharjah, UAE |
All other activities in the region. | ANCU Labs FZE LLC | Sharjah Publishing City Free Zone, Sharjah, UAE |
For Users in Russia and CIS Countries
Your Activity on the Porto Platform | Porto Contracting Entity | Contact Information |
---|---|---|
Listing or booking venues where ANCU Labs LLC is identified as the responsible entity in the checkout or listing process. | ANCU Labs LLC | Innopolis, Republic of Tatarstan, Russia |
All other activities in Russia and CIS countries. | ANCU Labs LLC | Innopolis, Republic of Tatarstan, Russia |
If you change your place of residence or business establishment, your contracting entity will change accordingly, and the applicable Terms of Service version will be determined by your new location.