These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PortalKit ("we," "us," or "our") governing your access to and use of the PortalKit platform, website, software, and all related services (collectively, the "Service"). By creating an account, accessing, or using the Service in any manner, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" shall refer to both the individual and the entity. If you do not have such authority, or if you do not agree with these Terms, you are prohibited from accessing or using the Service.
You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you represent and warrant that you are at least eighteen years old and that you have the legal capacity to enter into this agreement. We reserve the right to deny access to, or terminate the accounts of, any users who fail to meet these eligibility requirements.
We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice as described in Section 20. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and close your account.
PortalKit is a software-as-a-service (SaaS) platform designed to help independent photographers and creative professionals manage client relationships through branded digital portals. The Service provides tools for creating and managing client portals, sending and receiving electronic contracts with digital signature capabilities, creating and tracking invoices, sharing files and documents, and facilitating client communications through a centralized interface.
The Service is a tool to facilitate business operations and communications. PortalKit does not provide legal, financial, accounting, or professional advice of any kind. Any contract templates, suggested language, AI-generated content, or other materials provided through the Service are offered for informational and operational convenience only. You are solely responsible for reviewing the legal adequacy and enforceability of any contracts, agreements, or other documents you create or send using the Service, and we strongly recommend consulting with qualified legal counsel for matters of legal significance.
We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any feature or portion of the Service, temporarily or permanently, with or without notice, and without liability to you or any third party. We may introduce new features, impose usage limits, or change the functionality of existing features at any time. Where changes materially affect your use of the Service, we will endeavor to provide reasonable advance notice.
The Service may be subject to periodic downtime for maintenance, updates, security patches, and other operational requirements. We will make reasonable efforts to perform maintenance during off-peak hours and to provide advance notice of scheduled maintenance windows. We do not guarantee that the Service will be available continuously or without interruption, and we are not liable for any damages or losses resulting from unavailability of the Service.
To access the full features of the Service, you must register for an account. During registration, you agree to provide accurate, current, and complete information, and to maintain and promptly update your account information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter is found to be inaccurate, false, or misleading.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to: (a) choose a strong, unique password; (b) not share your credentials with any other person or entity; (c) log out of your account at the end of each session; (d) immediately notify us at hello@getportalkit.com if you suspect any unauthorized access to or use of your account; and (e) ensure that all use of your account complies with these Terms.
Each subscription is for a single account and is non-transferable. You may not create multiple accounts for the purpose of circumventing usage limits, exploiting free trial offers, or for any other unauthorized purpose. Accounts are personal to the registered user and may not be sublicensed, resold, or shared. We reserve the right to merge, suspend, or terminate duplicate accounts or accounts created in violation of these Terms.
We are not responsible for any loss or damage arising from your failure to comply with your account security obligations. If you provide access to the Service to employees, contractors, or other authorized individuals within your organization, you are responsible for ensuring that all such individuals comply with these Terms, and you accept liability for any violations they commit in connection with their use of the Service.
Access to the full Service requires an active paid subscription at the then-current monthly rate, currently $39.00 USD per month. Subscription fees are billed in advance on a monthly basis and are non-refundable except as expressly provided in these Terms. All fees are stated in United States Dollars unless otherwise specified. We reserve the right to change our pricing at any time, and will provide at least thirty (30) days' advance notice of any price increase via email to the address associated with your account.
All payment processing is handled by a third-party payment processor. By providing payment information, you authorize the payment processor to charge your designated payment method for the applicable subscription fees on a recurring monthly basis until your subscription is cancelled. You represent and warrant that you are authorized to use the payment method you provide and that the billing information you supply is accurate and complete.
Subscription fees are automatically renewed at the end of each billing period unless you cancel prior to the renewal date. Renewal charges will be made to your payment method on file at the current subscription rate. If we are unable to process payment for your subscription renewal, we may suspend or terminate your access to the Service following reasonable attempts to notify you and collect payment.
PortalKit offers a 14-day free trial. We will send you reminder emails 3 days and 1 day before your trial ends, notifying you of the upcoming charge and how to cancel.
After your trial ends, your card will be charged automatically: $39/month (monthly plan) or $348/year ($29/month, annual plan).
You may cancel at any time before your trial ends by visiting Dashboard → Settings → Subscription → Cancel, or by emailing hello@kilpian.com. Cancellation is effective at the end of your current billing period.
In compliance with applicable auto-renewal laws including the California Automatic Renewal Law (effective July 1, 2025) and similar state laws, we provide advance notice of charges and a simple cancellation mechanism.
In the event of a billing dispute, you must notify us within thirty (30) days of the disputed charge. Chargebacks or payment reversals initiated without first contacting us may result in immediate account suspension and may be subject to a chargeback fee. We reserve the right to dispute any chargeback we believe is unwarranted and to pursue collection of amounts owed.
PortalKit may offer a free trial period of fourteen (14) days for new accounts. The free trial is offered once per individual, household, or business entity, and is strictly non-transferable. During the free trial, you will have access to the Service subject to any limitations we may impose on trial accounts. By registering for a trial, you agree that your use of the Service is governed by these Terms in full.
At the conclusion of your free trial period, your account will require a valid payment method to continue accessing the Service. If you choose to provide payment information and continue with a paid subscription, you will be charged the then-current monthly rate on the date your trial period expires. If you do not provide a payment method before your trial expires, your access to the Service will be restricted.
Trial abuse is strictly prohibited. The following activities constitute trial abuse and may result in immediate account termination, permanent ban from the Service, and, where applicable, legal action: (a) creating multiple accounts to access multiple free trials; (b) using false, borrowed, or fabricated identity information to register for trial accounts; (c) creating accounts with the intent to avoid payment obligations; (d) using temporary or disposable email addresses to register for additional trials; or (e) any other activity designed to exploit the trial offer in a manner inconsistent with its intended purpose.
We reserve the right to verify the eligibility of trial users, to investigate suspected abuse, and to take appropriate remedial action, including immediate termination of accounts and permanent restriction of access. We may also seek recovery of costs and damages associated with trial abuse. We maintain technical and operational measures to detect and prevent trial abuse, and we share information about abusive accounts with our service providers as permitted by applicable law.
The free trial is offered at our sole discretion, and we reserve the right to modify, limit, or discontinue the trial offer at any time without notice. The availability of a free trial is not guaranteed and may be subject to eligibility requirements that we may impose and update from time to time.
Your use of the Service must comply with all applicable local, state, national, and international laws and regulations. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service. The following activities are expressly prohibited.
Illegal and Harmful Activities. You may not use the Service for any unlawful purpose or in violation of any applicable law or regulation, including but not limited to: engaging in fraud, money laundering, or other financial crimes; violating consumer protection laws; infringing intellectual property rights; stalking, harassing, or threatening any individual; or otherwise engaging in activities that are illegal or harmful to any person or entity.
Unauthorized Access and Security Violations. You may not attempt to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service. You may not probe, scan, or test the vulnerability of the Service or any related systems. You may not circumvent, disable, or interfere with security-related features of the Service, including features that prevent or restrict use or copying of content or enforce limitations on use of the Service.
Spam and Unsolicited Communications. You may not use the Service to send unsolicited commercial messages, bulk email, or other forms of spam to individuals who have not consented to receive communications from you. You may not harvest or collect email addresses or other contact information from the Service for the purpose of sending unsolicited communications. You agree to comply with all applicable anti-spam laws in connection with any communications you send using the Service.
Misrepresentation and Fraud. You may not impersonate any person or entity or falsely represent your affiliation with any person or entity. You may not use the Service to create or distribute fraudulent, misleading, or deceptive content. You may not misrepresent the features, functionality, or limitations of the Service to your clients or third parties.
System Integrity. You may not upload, transmit, or distribute any malware, viruses, Trojan horses, worms, or other malicious code. You may not use automated scripts, bots, scrapers, or other automated means to access the Service without our prior written consent. You may not reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service.
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, legal action to recover damages, and reporting to applicable law enforcement authorities. We reserve the right to determine, in our sole discretion, what constitutes a violation of this policy and to take appropriate remedial action.
You retain all ownership rights in the content you create, upload, or submit to the Service, including contracts, templates, client information, files, documents, images, and other materials (collectively, "User Content"). By submitting User Content to the Service, you grant PortalKit a limited, non-exclusive, royalty-free, worldwide license to store, reproduce, display, transmit, and process your User Content solely as necessary to provide the Service to you and as otherwise described in our Privacy Policy.
You represent and warrant that: (a) you own all rights in your User Content or have obtained all necessary permissions and licenses to submit it to the Service; (b) your User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, or other legal rights of any third party; and (c) your User Content complies with these Terms and all applicable laws and regulations.
You are solely responsible for all User Content you submit to the Service and for ensuring that your collection, use, and storage of client data through the Service complies with all applicable privacy laws, including obtaining any required consents from your clients for the collection and processing of their personal information. PortalKit is not responsible for reviewing User Content for accuracy, legality, or appropriateness, and we do not endorse any User Content.
We reserve the right, but are not obligated, to review, monitor, remove, or refuse to publish any User Content that we determine, in our sole discretion, violates these Terms, applicable law, or our policies. We may preserve and disclose User Content if required by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to protect the rights, property, or safety of PortalKit, our users, or third parties.
The Service, including all software, code, design, graphics, user interfaces, text, logos, trademarks, service marks, and other content created by or on behalf of PortalKit (collectively, "PortalKit Content"), is owned by or licensed to PortalKit and is protected by intellectual property laws, including copyright, trademark, patent, and trade secret laws of the United States and other jurisdictions. All rights not expressly granted to you in these Terms are reserved by PortalKit.
Subject to your compliance with these Terms and payment of applicable fees, PortalKit grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. You may not sublicense, sell, resell, transfer, assign, or exploit for commercial purposes the Service or any portion thereof, except as expressly permitted in these Terms.
You may not: (a) copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any PortalKit Content, except as expressly permitted by these Terms; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; (c) remove, obscure, or alter any copyright, trademark, or other proprietary notices incorporated in the Service; or (d) use any PortalKit trademarks, service marks, or logos without prior written permission.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright or other intellectual property rights, please contact us with a detailed description of the allegedly infringing material and your contact information so that we can investigate and take appropriate action.
PortalKit offers certain features powered by artificial intelligence and machine learning technologies. These AI-powered features may assist you in drafting contract language, generating client communications, creating content templates, and performing other tasks within the Service. By using these features, you acknowledge and agree to the terms set forth in this section.
AI-generated content is provided for informational and operational convenience purposes only. All AI-generated content, including but not limited to contract language, legal provisions, and professional communications, is produced by automated systems and has not been reviewed by licensed attorneys or other qualified professionals. PortalKit makes no representation that AI-generated content is legally sufficient, accurate, complete, or appropriate for your specific circumstances. You are solely responsible for reviewing, editing, and taking responsibility for any AI-generated content before using it in connection with your clients or business.
You agree to use AI-powered features only for lawful and legitimate business purposes. The following uses of AI features are expressly prohibited: (a) generating content that is false, misleading, or fraudulent; (b) creating content designed to deceive or manipulate clients or third parties; (c) generating content that discriminates against individuals on the basis of protected characteristics; (d) producing content that violates the intellectual property rights of others; or (e) any other use that violates applicable law or these Terms. Violation of these restrictions may result in immediate account termination.
When you use AI-powered features, certain information you provide may be processed by third-party AI service providers. We select providers that maintain appropriate data protection practices and require them to handle your information in accordance with applicable law. We do not use your content to train third-party AI models without your explicit consent, and we contractually restrict our AI service providers from doing so as well.
Your privacy is important to us. Our Privacy Policy, available at getportalkit.com/privacy, describes how we collect, use, store, and protect your personal information and the personal information of your clients that you process through the Service. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy.
You acknowledge that you are a data controller with respect to the personal information of your clients that you process through the Service, and that PortalKit acts as a data processor on your behalf with respect to such information. You are responsible for ensuring that your collection and processing of client personal information through the Service complies with all applicable privacy and data protection laws, including obtaining any required consents and providing required disclosures to your clients.
The Service integrates with and relies upon various third-party services and platforms to provide its functionality, including payment processing, authentication, email delivery, cloud infrastructure, and artificial intelligence services. These integrations are necessary for the operation of the Service, and by using the Service, you consent to the processing of your information by these third-party providers as described in our Privacy Policy.
Third-party services integrated with PortalKit operate under their own terms of service and privacy policies, which you are encouraged to review. PortalKit is not responsible for the practices, content, accuracy, availability, or reliability of any third-party services. Any issues arising from your use of third-party services in connection with PortalKit should be addressed directly with the applicable third-party provider. We reserve the right to change, suspend, or discontinue any third-party integrations at any time without liability.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, hardware or software failures, network disruptions, or other circumstances beyond our control. We will make reasonable efforts to provide advance notice of scheduled maintenance and to minimize unplanned downtime.
We reserve the right to modify, update, enhance, or discontinue any feature or aspect of the Service at our sole discretion. We may add new features, change existing features, or remove features as we see fit. While we will endeavor to communicate significant changes to you, we are not obligated to maintain any particular feature or functionality indefinitely. Modifications to the Service do not entitle you to any refund of subscription fees.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTALKIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PORTALKIT DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PORTALKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF PORTALKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTALKIT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO PORTALKIT FOR THE SERVICE IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY APPLY ONLY IN PART. IN SUCH JURISDICTIONS, PORTALKIT'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless PortalKit and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service; (d) your violation of any applicable law or regulation; (e) your violation of the rights of any third party; or (f) any dispute between you and any of your clients or other third parties.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You agree not to settle any claim subject to indemnification without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding promptly after we become aware of it.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS BY REQUIRING BINDING ARBITRATION OF DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, EXCEPT AS NOTED BELOW.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service (collectively, "Disputes"), that cannot be resolved through informal negotiation shall be submitted to binding arbitration administered in accordance with the rules of a nationally recognized arbitration organization selected by PortalKit. The arbitration shall take place in Maryland, United States, unless otherwise agreed by the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Before initiating arbitration, you agree to first attempt to resolve the Dispute informally by contacting us at hello@getportalkit.com and providing a written description of the Dispute. If the Dispute is not resolved within thirty (30) days of your initial contact, either party may initiate arbitration. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction where such relief is necessary to prevent irreparable harm pending the outcome of arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST PORTALKIT. You agree that any arbitration or other legal proceeding arising out of or relating to these Terms shall be conducted on an individual basis only, and not as a class, collective, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable with respect to a particular claim, that claim may only be brought in a court of competent jurisdiction and not in arbitration.
You may terminate your account and cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of your current billing period, after which you will lose access to the paid features of the Service. We do not provide refunds for any unused portion of a subscription period unless required by applicable law.
We may suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to: (a) your violation of these Terms; (b) your failure to pay applicable subscription fees; (c) extended inactivity of your account; (d) your conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or the Service; or (e) for any other reason we deem necessary to protect the integrity, security, or proper functioning of the Service.
Upon termination of your account for any reason, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including without limitation sections governing intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, dispute resolution, and governing law.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regard to its conflict of law principles. Any legal proceedings not subject to the arbitration provisions of Section 16 shall be brought exclusively in the state or federal courts located in the State of Maryland, and you hereby consent to personal jurisdiction in such courts. You waive any objection to jurisdiction or venue in such courts.
Entire Agreement. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and PortalKit concerning the Service and supersede all prior or contemporaneous agreements, representations, warranties, or understandings.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be deemed severed from these Terms. The remaining provisions will continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of a provision must be in writing and signed by an authorized representative of PortalKit to be effective.
Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
Notices. All notices to you will be sent to the email address associated with your account. You may contact us at hello@getportalkit.com for any notices required or permitted under these Terms.
If you have any questions about these Terms of Service, your account, or the Service, please contact us at hello@getportalkit.com. We will make reasonable efforts to respond to your inquiry promptly.
PortalKit is operated by Kilpian LLC. These Terms of Service are governed by the laws of the State of Maryland, United States. All disputes shall be resolved in Maryland courts or through binding arbitration as described in Section 16.