These Terms of Service come into effect as of: 22/08/2025
DEFINITIONS:
- Application: The Port mobile application provided by the Service Provider by means of which the Services may be used, in particular, by means of which a Vehicle may be rented.
- Vehicles: Port electric vehicles with the technical and user specification as prescribed in these Terms of Service, the use of which is payable within the frames of Services.
- Account: A service provided by software means by Port; a separated part of the Application dedicated individually to a User which enables the use of Services and the infrastructure provided by Port, including Vehicles and Charging Station.
- Port/Service Provider: Micromobility Solutions sp. z o. o. with its registered office in Kraków, ul. Wadowicka 7 entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Lublin under number KRS: 0000851205, Tax Identification Number NIP: 7123404649, share capital: PLN 10,950.
- Payment Operator: Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, which is the owner of the brand Stripe.
- Fee: A fee for Services charged for the use of one Vehicle. Fee is determined in the Application before the User rents the relevant Vehicle; The Fee may be paid on a one-off basis or under a subscription.
- Terms of Service: These Terms regulate the performance of Agreements and provision of Services.
- Website: A website of Port available at www.port.app
- (Charging) Docks: Individual terminals to which the Vehicles are connected to secure and charge them; Stations are a group of Docks and Vehicles in a determined location (internally we call them Hubs).
- Hub: A charging station where a series of Docks and Vehicles are available for the User to rent. These locations are the ones where the Vehicles are activated and unlocked for use, and returned (condition to the free Docks available at a given Hub); the basic manner to return a Vehicle is to dock it at a Hub, and any exceptions in this regard are listed in this Terms of Service.
- Zone: An area where the User uses a Vehicle, covering maximum 10 km from the most outer station within a relevant system.
- Agreement: An agreement concluded by and between Port and a User, the subject matter of which is User’s use of the Services and the general provisions of which are prescribed in these Terms of Service.
- Privacy Policy: The document governing security of protecting and processing the personal data of Users; the Privacy Policy supplements these Terms of Service and is available in the Application.
- Services: Any services provided by Port for the account of Users, including services provided by electronic means in the form of provision of functionalities of the Account and the Application, as well as services related to Vehicle rental.
- User: A natural person with full capacity to perform acts in law using the Services upon the terms stated in the Terms of Service.
- Rental: A short-term Vehicle rental agreement concluded between Port and the User upon the start of use of a Vehicle (release of the lock at a Hub) until the Vehicle is returned and locked to the Hub.
INTRODUCTION
- These Terms of Service prescribe general terms of use of the services and infrastructure of Port, a rental system for electric Vehicles operating between Hubs, as well as the rights and obligations of the Users.
- These Terms of Service are provided to each User in the Application and on the Website free of charge prior to the conclusion of the Agreement, as well as—upon his/her request—in a manner which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
- The User may only use the Services upon becoming acquainted with and accepting the Terms of Service and confirm that he/she has read the Privacy Policy. If the User fails to accept the Terms of Service or confirmation of familiarization with the Privacy Policy, he/she may not use the Services. In the case of a User who is not a consumer, it is deemed that upon starting to use the Services, he/she accepted the Terms of Service and the Privacy Policy without reservations.
- The Privacy Policy, available in the Application, supplements the Terms of Service.
GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
- In order to enjoy the Services and the functionalities of the Application, the User must satisfy the following minimum technical requirements: (a) a device with the Internet access which enables installation of the Application and the correct display of its interface; (b) an active e-mail account; (c) an active mobile phone number; Additionally, the Website requires also an installed and updated Internet browser and enabled cookie and JavaScript support.
- The Application may be downloaded through the online stores: AppStore (for the iOS system) or Google Play (for the Android system).
- Using the Application is free of charge, except for possible costs of data transmission resulting from agreements with telecommunication operators or other Internet providers concluded by the User, and from the scope of such data transmission.
- It is not allowed to provide unlawful content and use the Application and Services in a manner contrary to the provisions of these Terms of Service, applicable legal provisions, good practices and rules of social coexistence. Specific provisions regulating inappropriate use of the Application and Services are described further in these Terms of Service.
- The Website, Application and their components, including design and content, are protected by the copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of Port. In particular, the User is not allowed under the Terms of Service to reproduce, publish, lend, dispose of or otherwise redistribute the Application or Website elements, directly or indirectly, whether against charge or free of charge, otherwise than through Port.
Upon installation of the Application, Port grants the User the license to use the Application for his/her own personal and non-commercial purposes and only within the frames of the functionalities of the Application, without the right to grant sublicenses, which license is non-transferable, non-exclusive and unlimited in terms of territory. No authorization, whether indicated expressly in the Terms of Service or implied, transfers any intellectual property rights belonging to Port to the User or to any third person. This license is granted to the User upon the acceptance of these Terms of Service and remains effective at all times as long as the User holds the Account. Unless it is stated otherwise, any subsequent versions or updates of or other supplements to the functionalities of the Application are subject to these Terms of Service.
USERS
- Subject to the provisions below, natural persons who have attained the age of 18 and enjoy full capacity to perform acts in law may be Users.
- If the User is between the age of 16 and 18, he/she may use the Services in a scope in which he/she may assume rights and incur obligations in accordance with the legal provisions applicable to the User. If the legal provisions applicable to the User require that he/she may use Services only upon his/her legal custodian’s consent, upon the conclusion of the Agreement, at the latest, such legal custodian must give his/her consent to its conclusion and the use of the Services by the minor User.
- The legal custodian of the User between the age of 16 and 18 is obliged, upon each request of Port, to present the consent to conclude the Agreement and use the Services.
ACCOUNT AND AGREEMENT
- To use the Services, the User must have an active Account. For this purpose he/she completes the registration procedure through the Application. Upon confirmation of registering the Account by Port, an Agreement for an unlimited period of time is concluded between Port and the User, provided that he/she has met the conditions prescribed by the Terms of Service (see: section 3 of the Terms of Service).
- Port may send to Users over the Application, SMS or over email functional messages and messages related to changes and updates of the Terms of Service and Privacy Policy, as well as other information directly related to the Application and Services. Users may opt out of SMS and email messaging by contacting the Port team via the Application “Contact us” button.
- The User may withdraw from an Agreement within 14 days of its conclusion without giving any reason or if Port does not grant them access to the Application. The user cannot exercise the above-mentioned right of withdrawal if Port has performed the service by granting the user access to the Application. Withdraw from an Agreement must be done in writing and takes place by the User sending a statement of withdrawal from the Agreement via Website “Contact Us” section.
The User may request deletion of their Account at any time via the Application or the “Contact us” button, without providing a reason. Upon such a request, the Account will be scheduled for deletion and permanently removed without undue delay. Certain personal data may be retained after an Account deletion request where processing is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims, including but not limited to insurance claim processing, in accordance with applicable data protection laws (GDPR). Such data will be kept only to the extent and for the duration required by applicable law or the relevant claims process and will be permanently deleted thereafter.
If the User logs into the Application before the deletion process is completed, the deletion request will be withdrawn, and the Account will remain active.
- The User is liable for what is happening on and also through his/her Account (unless a third party has broken into his/her Account). Therefore, the User may not share the Account with third persons, and is responsible for keeping his/her login and password confidential. If the User notices that an unauthorized person uses or has used his/her Account, then he/she is obliged to immediately notify Port team in the Application “Contact us” section. The Account is also non-assignable and non-transferable to other people.
When creating the Account, the User undertakes that by means of the Services, within the frames of the Application or the Website, he/she will not:
- undertake any illegal, violent, harmful or other actions which may hinder or impede health & safety of the User or other people, or the functioning of the Services, or use the Services in a manner onerous to other Users
- undertake any actions of violence, abusive or aggregative behavior to the detriment of other Users, third persons or Port company, employees or contractors
- litter, urinate, smoke, drink, misbehave or do any other illegal or unethical action at the premises of Hubs
- violate the provisions of the Agreement, Terms of Service, Privacy Policy or provisions of the applicable law, in particular regulations regarding cycling on public roads.
Any infringement of the Terms of Service, through fault of the User and in the case of the Users being not consumers—also through no fault, may cause Port respond in either of the following manners:
- (a) warning addressed at the User
- (b) suspending access to the Account and/or Rentals
- (c) imposing fine, penalties and stipulated damages
- (d) removing the Account
- (e) preventing the User from establishing the Account again, and thus using the Services.
- Users are forbidden to share his/her Account with other people.
USING THE PORT SYSTEM
- Rental of Vehicle proceeds by means of the Application.
- The User is obliged to ensure that person who is actually using the Vehicles rented by means of his/her Account abide by the Terms of Service. At the same time the User ensures that persons which are not authorized within the meaning of the Terms of Service will not use the Vehicles. The User undertakes to immediately terminate the Rental if a third person for whom Rental was executed via User’s Account uses the Vehicle in violation of the Terms of Service.
- The User is responsible, without any limitation, for the acts and omissions of any person using the Vehicle rented by means of his/her Account. This liability includes both financial (compensation) and criminal liability.
- Before starting each Rental the User is obliged to become acquainted with the screen “Onboarding” in the Application on how to use the Port system and the technical and user specification of Vehicle and (Charging) Dock.
- The User is also responsible, before selecting a Vehicle to be rented, to make sure if it may be safely used, in particular if it has operating brakes, tires, handlebar (stiff and not loose), pedals. If despite detected faults of a Vehicle the User carries out the Rental procedure and uses it, as a result he/she will be responsible for any further faults of the Vehicle or damage resulting from this.
- The User represents that he/she is aware that a Vehicle is an electric device which requires constant charging of its batteries, and further undertakes to check the battery level of a Vehicle at the start and during each Rental.
- A Rental is not possible if the User’s debit or credit card transaction failed (so the payment didn’t go through).
- Using the Vehicles in any way without the Rental is prohibited.
- Before the User can start their first Rental in the Application, Port will charge a non-refundable Activation Fee. This fee may be charged again if the User breaches these Terms of Service, including by exceeding rental time limits or failing to properly return a Vehicle.
- In the case of selecting a Vehicle which is not available for use, e.g. due to too low battery, no access to the Internet, or otherwise is not operational, the User may receive a message or notification in the Application that the relevant Vehicle may not be rented.
- The User is authorized to use the Vehicle only within the Zone. It is prohibited to use the Vehicle beyond the Zone. At the same time, the User is obliged to select such a route to be able to return the Vehicle before its battery is discharged. The battery level and the time in which it is discharged depends on several factors (e.g. weather, ride speed etc.), thus the User should take into account that the range of the Vehicle indicated in the Application and/or on the Vehicle display is approximate.
- Each Rental duration must not exceed 12 hours.
- For each Rental User must return the Vehicle to the same Hub where he/she took the Vehicle from. It’s forbidden to return the Vehicle to another Hub.
- If a User fails to return the Vehicle in a place and process indicated in the section 5, User undertakes to pay any penalties, fines and other statutory charges indicated in this Terms of Service. Port also reserves the right to remotely secure and lock the Vehicle in case of User violating Terms of Service.
- The User undertakes to return the Vehicle in a technically operating, non-deteriorated condition, subject to normal wear and tear, as compared to the time the Rental started. Throughout the entire Rental time the User is responsible for the property made available to him/her.
- If a given Hub is unavailable for technical reasons, e.g. there is no power supply, it is not possible to return the Vehicle. In such cases, the User should immediately contact Port via Application “Contact us” form. If it is not possible to return the Vehicle for reasons attributable to Port, the Service Provider will block the charging of the Fee from the moment in which it should have been possible to return the Vehicle, and in the case of charging an excessive Fee the Service Provider will reimburse the User for the overpayment. At the same time the User, if possible, is obliged to use the functionalities enabling him/her to return the Vehicle beyond the station.
- The use of Port is limited to the Zone but no further than to the area determined by the maximum ride range resulting from the battery level of the given Vehicle (the so-called Vehicle usable area). If the User, despite a message in the Application stating the maximum ride range of the Vehicle and at his/her own fault, causes the necessity of Port’s incurring the costs of bringing the Vehicle to the next Hub, Port may charge the User with such costs.
- Port may implement and update Fair Use limitations at its sole discretion to ensure the quality, safety, and availability of the Services. These limitations may include, without limitation, maximum usage frequency, ride duration, number of concurrent rentals, or other operational constraints. Such limitations will be communicated to Users via the Application and will take effect immediately upon publication, without requiring a formal amendment to these Terms of Service.
VEHICLES AND SECURITY
When using the Vehicle, the User is obliged to take into consideration and observe the following guidelines and technical and user specification of the Vehicle, at the same time the User represents that he/she is aware that his/her safety depends on observance of the following guidelines:
- The maximum speed of the Vehicle is 15.5 miles/h (25 km/h) and it should not be exceeded, subject to point 6.1.3 below;
- The Vehicle is suitable for a load up to 100 kg;
- The Vehicle may only be used on flat surfaces, without any steps, holes, gaps or other elements which make the track not flat;
- The Vehicle tires are not suitable for slippery and wet surfaces, therefore in winter and during a rain it should be used with greater care and the maximum speed may not exceed 10 miles/h (16 km/h);
- The User should not use the Vehicle without a helmet;
- The Vehicle may not be used by a person whose health condition (e.g. dizziness, sight problems) prevent him/her from capably riding an electric vehicle;
- It is absolutely prohibited to use the Vehicle under the influence of alcohol, drugs, psychoactive substances or medicine after which it is not recommended to ride vehicles;
- It is prohibited to use the Vehicle in a manner which could be a hazard for pedestrians or other traffic participants;
- It is prohibited to use the Vehicle to race, jump, stunt ride or for the purpose of any other ride than conventional movement to a target;
- The Vehicle may only be used by one person, it is prohibited to carry additional persons or property with the Vehicle;
- Where the Vehicle is used by a person other than the User, the User is obliged to ensure that the prohibitions and regulations prescribed in point 6.1 above are respected.
- In the Application Port provides also a specific screen “Onboarding”, how to use the Vehicles, with which the User may become familiar at any time, in particular prior to each Rental.
- In the case of any problem with the Vehicle which hinders or prevents further ride, the User is obliged to stay at a safe place and immediately notify Port of the situation.
- It is prohibited for Users to make any repairs, modify or replace parts of the Vehicle.
- The User is obliged to cover any costs related to restoring the Vehicle to its initial condition from before the Rental and caused by inappropriate use of the Vehicle by the User, subject to changes in the Vehicle resulting from normal wear and tear.
- The User shall be held liable for any violation of the Terms of Service in connection with the use of the Vehicle rented via the Account of such User.
FEES AND PAYMENTS
- Vehicles shall be used against charge on the terms and in the amounts prescribed in the Application. Prices are expressed as gross amounts and include VAT when applied.
- Port provides for one payment method, i.e. charging a Visa or MasterCard payment card authorized by the User in the Account. When authorizing the card the User agrees that it will be charged with due Fees, also with Fees for a third person for whom the Vehicle was Rented via the Account of the relevant User.
- In the case of card payments the execution term is calculated from the moment of a positive authorization of the transaction.
- If it is necessary to refund the funds for a transaction carried out by the User with the payment card, Port will make the refund to the bank account assigned to the User’s payment card.
- Payments, fines, charges and refunds are made through the Payment Operator.
- Adding a payment card to the Account is tantamount to expressing consent to direct debits.
- If the Fees charged for a ride exceed the funds available on the bank account, they will be recorded on the account as negative balance. Until the missing Fee is covered the User may not use the Services. If the missing Fee is not covered or if the User exceeds the funds on the bank account, Port may block his/her User Account.
- Upon consumer’s request an invoice for a sold Service will be issued.
- The Fees presented in the Application may be changed (e.g. within the frames of a special offer). Yet the Fees may not be changed against the User who had accepted the terms and conditions of ride within a given Rental in the manner indicated in the preceding clauses of the Terms of Service before the price change was effected. Any changes of the Fee is applicable from the next Rental, unless the User terminates the Agreement before.
LIABILITY
- Port provides the Users with the Application and the infrastructure which comprises Vehicles, Hubs and Docks, and ensures their effective technical operation and is responsible for that.
- The User undertakes, throughout the entire Rental time, to properly secure the Vehicle against damage and theft.
- Port is not liable for any effects of events resulting from violation by the User of the applicable law during the Rental. If the User violates the legal provisions, including the relevant road traffic provisions, the User will be obliged to incur any fines or penalties to which Port has not contributed.
- Port will not be liable for any damage caused by the User failing to comply, through his/her fault (and in the case of Users who are not consumers also through no fault), with the provisions of the Terms of Service, including any injuries or harms suffered by the User in the course of using the Vehicle if they result from other reasons than the Vehicle being not technically operational.
- During the Rental, the User is fully responsible for any damage to the Vehicle or the Hub caused directly or indirectly by the User or anyone using the Vehicle through the User’s Account, unless the damage results solely from technical faults or normal wear, and Port may claim that the User pay stipulated damages in the cases prescribed in the Terms of Service and repair the resulting damage, on the terms prescribed in the legal provisions.
- Port may charge the User with stipulated fines, penalties, and damages in the cases below. User’s account or access to the Rentals can be also restricted, terminated or deleted based on the requirements and rules listed in this Terms of Service. Port also reserves the right to suspend the User’s Account or access to the Rentals in case if applied fine, penalty or damage were not paid by the User within a reasonable timeframe.
Port shall not be held liable for any damage, injury, or loss caused to third parties or their property arising from the User’s use or operation of the Vehicle. The User remains exclusively responsible for any claims brought by third parties in connection with the User’s operation of the Vehicle during the Rental period.
Case Fine, penalty or damage Vehicle is not returned within the Rental duration requirement.
£25 for the 1st case
£50 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
Vehicle requires retrieval from outside the Zone (maximum 10 km radius from the most outer Hub)
£25 penalty plus any applicable retrieval or transport costs
User didn’t return the Vehicle to the correct Hub (ie User returned the Vehicle to a wrong Hub)
£25 for the 1st case
£25 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
Vehicle is left abandoned or unattended or not securely locked by a User.
£25 for the 1st case
£25 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
If a Vehicle is incorrectly parked outside of the designated hub area (e.g. parked in unauthorized parking bays not belonging to the Port hub).
Warning for the 1st case
£15 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
User fails to comply with or ignores established traffic rules and signage within the car park premises.
Warning for the 1st case
£15 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
User fails to comply with instructions or guidelines provided by PORT staff members.
Warning for the 1st case
£15 for the 2nd case,
£25 for each subsequent case, and an Account and Rentals suspension
Vehicle stolen, lost or damaged beyond wear and tear as a result of User leaving the Vehicle abandoned, unattended, or not securely locked.
£2,500 + damage or repair cost of labour and parts when applied, and an Account and Rentals suspension
If a Vehicle is not returned by the User to the Hub within 48 hours, the Vehicle is considered stolen and the fine is applied to the User.
£2,500, and an Account and Rentals suspension
In the case of destruction or damage of the Vehicle or Dock in a manner excluding it from current use under the Services.
£500 + damage or repair cost of labour and parts when applied, and an Account and Rentals suspension
In case if the User demonstrates anti-social behaviour that may negatively impact our Hubs, such as, but not limited to:
— Urinating and defecating
— Littering
— Smoking outside of designated areas
— Doing damage to Hub’s infrastructure, as well as to the premises where they are located
£500, and an Account and Rentals suspension
- Apart from the stipulated damages, Port may claim damages against the User in excess of the amount of the relevant stipulated damages, on general terms.
- Port reserves the right not to issue refunds to the Users that had their Account or Rentals suspended due to the breach of terms and conditions.
SPECIFIC PROVISIONS
The Users are subject to the following specific provisions of the Terms of Service:
- Port will not be liable for any harm or loss suffered by the User caused by a mechanical defect of the Vehicle.
- Port will not be liable against the User for any damage resulting from intentional or unintentional fault and will not be liable for any lost profits.
- If the Vehicle is returned with damages caused during the Rental, Port will charge the User with the costs of standstill of the Vehicle (the average amount of Fees for using one Vehicle from the day preceding the standstill multiplied by the number of days necessary to repair the Vehicle), as well as an equivalent of direct and indirect costs necessary to repair the damaged Vehicle.
COMPLAINT
- The User may file a complaint concerning the Services, including the technical operational condition of Vehicles. The complaint should include at least details enabling identification of the User, ride (in particular the ride date) and state reasonable reservations and comments concerning the Services. Complaints may be filed in line with the rules and general provisions of the law, as well as through the Customer Support of Port available in the Application by contracting via “Contact us” form.
- The complaint should be filed no later than within 7 days from the occurrence of the event which is the subject matter of the complaint.
- Port will consider the complaint within 14 business days, unless the User failed to describe the subject matter and scope of complaint in a manner enabling its consideration or failed to provide data enabling his/her identification. In such a case, the term for considering the complaint is counted from the date on which the User provided Port with missing information.
- Port provides the response to the complaint in the Application, so a User can check the response in the “Contact us” section.
USER SERVICE
- Each User may contact the Port Customer Service via Application “Contact us” form.
- If the problem reported to the Port Customer Service refers to technical issues or defects of a Vehicle, when filing a report the User should provide the ID of the relevant Vehicle (QR code number located on the front panel of the Vehicle) and his/her location, so as a member of the Port technical support team could promptly assist the User.
- If the report refers to an error in the Application, the User should describe it as close as possible, so as Port could immediately proceed to resolve the issue.
WITHDRAWAL
- The User may withdraw from the Agreement concluded with Port by canceling his/her subscription in the Application (agreement is terminated at the end of the subscription period) or by contacting Port via Application “Contact us” form (agreement is terminated immediately).
Cancellations and refunds: customers may request cancellation of a purchased service (Day Pass or Weekly Subscription) in accordance with the following provisions:
Day Pass:
- A full refund shall be granted where cancellation is requested within three (3) hours of purchase, provided that the service has not been used (*).
- A fifty percent (50%) refund shall be granted where cancellation is requested more than three (3) hours after purchase but prior to 14:00 local time on the date of purchase, provided that the service has not been used (*).
- No refund shall be granted where the cancellation request is made at or after 21:00 local time on the date of purchase (i.e., within the final three (3) hours prior to expiry).
Weekly Subscription:
- A full refund shall be granted where cancellation is requested on the same calendar day as purchase, provided that the service has not been used (*).
- Where the subscription has been used for up to three (3) calendar days, the refund amount shall be calculated by deducting twelve pounds and ninety-five pence (£12.95) for each day of recorded use, irrespective of the number or duration of rides on such day(s).
- Where the subscription has been used for four (4) or more calendar days, no refund shall be issued. Customers shall be required to cancel the subscription directly via the Application in order to avoid any subsequent renewal.
Monthly Subscription:
- Same-Day Cancellation: A full refund shall be granted where cancellation is requested on the same calendar day as purchase, provided the service has not been used (*).
- Usage up to Three (3) Days: Where the subscription has been used for up to three (3) calendar days, the refund shall be the total purchase price less a deduction of twelve pounds and ninety-five pence (£12.95) for each day of recorded use, irrespective of the number or duration of rides.
- Usage of Four (4) to Seven (7) Days: Where the subscription has been used for four (4) to seven (7) calendar days, the refund shall be the total purchase price minus a deduction equivalent to the cost of a Weekly Subscription (£49.95).
- Usage of Eight (8) to Fourteen (14) Days: Where the subscription has been used for eight (8) to fourteen (14) calendar days, the refund shall be the total purchase price minus a deduction of ninety-nine pounds and ninety pence (£99.90).
- Usage of Fifteen (15) to Twenty-One (21) Days: Where the subscription has been used for fifteen (15) to twenty-one (21) calendar days, the refund shall be the total purchase price minus a deduction of one hundred forty-nine pounds and eighty-five pence (£149.85).
- After twenty-one (21) calendar days of use, no refund shall be issued. Customers must cancel their subscription directly via the PORT mobile application to prevent subsequent renewals.
(*) For the purposes of this Section, a service shall be deemed “used” on any calendar day in which at least one (1) rental exceeding thirty (30) minutes has been recorded on the customer’s account.
AMENDMENT TO THE TERMS OF SERVICE
Port reserves the right to amend the Terms of Service for important reasons. Important reasons include:
- compliance with changes in applicable law, interpretation, or guidelines of authorized bodies,
- the issuance of a ruling, decision, or other similar act by a court or authorized body,
- preventing violations of the Terms of Service or counteracting abuse, as well as removing ambiguities or interpretative doubts regarding the provisions of the Terms of Service,
- compliance with changes in the names, addresses, or company details specified in the Terms of Service,
- compliance with changes in the technical parameters or functionality of the Application,
- compliance with changes in the form, terms, or prices of services provided by Port.
- Port reserves the right to change the Terms of Service, including the introduction of fees for Services that were previously provided free of charge. Changes to the Terms of Service may include both the price for using the Services and other important provisions of the Terms of Service. The User will be notified of any changes to the terms and conditions of the Services, including the introduction of new fees, at least 30 days in advance. Information about the changes will be provided in the form of an email to the email address assigned to the Account or in another clear manner, for example, through a message in the User's panel in the Application.
- Users who do not agree to the changes in the Terms of Service have the right to resign from using the Services without incurring additional fees, subject to a 30-day notice period. Failure to give notice within 30 days of receiving information about changes to the Terms of Service will be treated as acceptance of the new Terms of Service, including any fees.
- Any Rentals started prior to the effective date of an amendment to the Terms of Service are processed in accordance with the content of the Terms of Service as applicable at that date. Amendments to the Terms of Service may not infringe the acquired rights of Users.
FINAL PROVISIONS
- The governing law for liabilities resulting from the Terms of Service is the one applicable to the territory where the service is provided. Any Agreements are concluded in the local language.
- A consumer may take advantage of dispute resolution methods which are alternatives to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
- A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online application available at: http://ec.europa.eu/consumers/odr/
- If the User resigns from taking advantage of ADR or ODR, any disputes arising out of the Terms of Service or Rental agreements will be settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the User being a consumer.
- Any disputes arising between Port and the User not being a consumer are referred to the court with the local jurisdiction over the registered office of Port.