Terms of Service

Agreement to terms

These Terms of Service (“Terms”) are a binding agreement between PORTREX INC (“PORTREX,” “we,” “us”) and the company or person that accesses the PORTREX platform (“you”). By creating an account or using the Services, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind it.

The PORTREX service

PORTREX provides software that residential service companies use to manage leads, proposals, estimates, contracts, financing workflows, and customer communication. We may update, improve, or change features over time. PORTREX is software — it is not a lender, broker, credit-reporting agency, insurer, or contractor, and it does not provide legal, financial, or tax advice.

Accounts, workspaces & eligibility

You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. Each company workspace is isolated from others. You are responsible for your users and for configuring access appropriately. The Services are intended for business use by people aged 18 or older.

Acceptable use

You agree not to:

• Break the law or infringe anyone’s rights using the Services.
• Upload data you are not authorized to share, or anyone else’s data without a lawful basis.
• Send messages that violate anti-spam or consumer-communication rules.
• Probe, scrape, overload, or attempt to bypass the security or tenant isolation of the platform.
• Reverse engineer, resell, or use the Services to build a competing product.
• Upload malware or interfere with other customers’ use of the platform.

Your data & ownership

You own the data you and your customers put into PORTREX. You grant us a limited license to host, process, and transmit that data solely to provide and improve the Services and as directed by you. Our handling of personal information is described in our Privacy Policy. You are responsible for having the rights and consents needed for the data you upload, including any homeowner information.

Third-party services & financing partners

The Services connect to third parties — payment processing, messaging, e-signature, and financing partners. When you initiate a financing application, PORTREX acts as a delivery channel between you, the applicant, and the financing partner. The partner makes all credit decisions and is responsible for any required consumer disclosures. Your use of third-party services is also subject to their terms.

Subscriptions, fees & billing

Paid plans are billed in advance through our payment processor, Stripe, on a recurring basis until cancelled. Fees are non-refundable except where required by law. We may change pricing with notice effective on your next billing period. You are responsible for applicable taxes. If payment fails, we may suspend access after a grace period.

Electronic signatures & records

You consent to transact electronically and to receive agreements, disclosures, and notices in electronic form. Electronic signatures captured through the Services are intended to be legally binding under the ESIGN Act and applicable state law (UETA). Signed records are retained for the period required by law.

Communications & messaging consent

We send account and transactional messages by email and, where enabled, SMS. When you or your customers opt in to text messages, you confirm the proper consent was obtained under the Telephone Consumer Protection Act (TCPA). Message recipients can reply STOP to opt out and HELP for assistance. You are responsible for the lawfulness of messages you send through the platform.

Intellectual property

PORTREX and its software, design, and brand are owned by PORTREX INC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. We may use aggregated, de-identified data to operate and improve the platform.

Confidentiality

Each party may access the other’s confidential information and agrees to protect it with reasonable care and use it only to fulfill these Terms, except where disclosure is required by law.

Disclaimers

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and PORTREX’s total liability arising out of or relating to the Services will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred US dollars.

Indemnification

You will defend and indemnify PORTREX against third-party claims arising from your data, your use of the Services, or your violation of these Terms or applicable law, including any claim that data you uploaded infringed a right or was shared without proper consent.

Term & termination

You may stop using the Services at any time. We may suspend or terminate access for violations of these Terms or to protect the platform. After termination, you may export your data during a grace period, after which operational data is permanently destroyed by cryptographic erasure, subject to records we must retain by law.

Governing law & disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties will first try to resolve disputes informally; any unresolved dispute will be handled in the state or federal courts located in Delaware, unless a separate signed agreement provides otherwise.

Changes to these terms

We may update these Terms as the Services evolve. When we make material changes, we will revise the effective date above and, where appropriate, provide additional notice. Continued use after an update means you accept the revised Terms.