Terms of Service

1. Acceptance of Terms

By accessing or using Portaeu's SwitchKit platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

SwitchKit is a compliance automation platform that helps organizations fulfill data portability requests in accordance with the EU Data Act and other regulations. The Service includes data extraction, transformation, delivery, and audit trail capabilities.

3. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Be at least 18 years old or the age of majority in your jurisdiction
• Not create multiple accounts for abusive purposes
• Notify us immediately of any unauthorized access

4. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service to process data you don't have rights to
• Reverse engineer or decompile any part of the Service

5. Data and Privacy

Your Data: You retain all rights to data you input into the Service. You grant us a limited license to process this data solely to provide the Service.

Data Processing: We act as a data processor on your behalf. You remain the data controller and are responsible for ensuring you have the legal basis to process user data.

Security: We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet is 100% secure.

6. Subscription and Billing

Plans: We offer various subscription plans with different features and limits. Current pricing is available at /pricing.

Billing: Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.

Changes: We may change our pricing with 30 days' notice. Changes will not affect your current billing cycle.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

7. Service Level Agreement (SLA)

We strive to maintain 99.9% uptime for our Service. Professional and Enterprise plans include SLA guarantees with credits for downtime exceeding thresholds.

Scheduled maintenance, force majeure events, and issues caused by your infrastructure are excluded from SLA calculations.

8. Intellectual Property

The Service, including all content, features, and functionality, is owned by Portaeu and protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

9. Warranties and Disclaimers

The Service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results obtained from the Service will be accurate or reliable

10. Limitation of Liability

To the maximum extent permitted by law, Portaeu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Portaeu harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Behavior that harms other users or our reputation

Upon termination, your right to use the Service ceases immediately. We will provide you with an export of your data within 30 days of termination.

13. Governing Law

These Terms are governed by the laws of Germany. Any disputes shall be resolved in the courts of Berlin, Germany.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.

15. Contact Information

Questions about these Terms? Contact us: