Terms of Service

These Terms of Service (this “Agreement”) set out the terms on which PortzApp Technologies L.L.C, (“PortzApp”, “we”, or “us”) will provide access to and use of certain services available on or through its PortzApp online or mobile application (collectively, the “Service”) to you, a user of the Service (“you” or “User”).

THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND PORTZAPP. PLEASE READ THIS AGREEMENT CAREFULLY.

By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms “User” and “you” will include both you, the individual user, and such organization.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.

1. Nature of the Service.

a. General. The Service gives you access to interactive features that are intended to enhance your user experience with “PortzApp”. Not all features are available on Mobile Application. For information about the features available for PortzApp , please visit: www.portzap.com. The current features available through the PortzApp Online Platform Service include the following:

i. Ability to create, manage, and track port call requests and orders in real time;
ii. Ability to communicate with shipping agents, vessel owners, and internal teams through integrated chat and messaging tools;
iii. Ability to generate, upload, and manage documents such as PDA, FDA, invoices, port call records, and vessel-related documentation;
iv. Ability to access a digital marketplace for selecting services, comparing prices, and placing service orders;
v. Ability to monitor financial transactions, review billing summaries, and track payment statuses through secure interfaces;
vi. Ability to receive notifications, alerts, and status updates regarding vessel operations, orders, and service milestones;
vii. Ability to manage user roles, permissions, and account settings for your organization.
viii. Ability to use ERP-style tools for service provider's operations, including task management, workflow automation, service scheduling, and operational reporting;
ix. Ability to manage basic financial functions including cost entry, bill verification, disbursement accounts, supplier invoice tracking, and payment status monitoring;

Note: Additional features may be introduced or enhanced as the PortzApp Platform evolves.

b. Equipment Requirements. You understand that proper operation of the PortzApp Mobile Application Service may require certain equipment and services that PortzApp does not provide, maintain or operate, but instead are the responsibility of either you and/or third parties. To access and use the Service, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):

i. Compatible device as listed in the Apple App Store (iOS) or Google Play Store (Android) (each, an “Internet-enabled Device”);
ii. Operating System
•⁠ ⁠iOS: 15.1 or later
•⁠ ⁠⁠Android: 7.0 (Nougat, API level 24) or later
iii. Device Memory (RAM)
•⁠ ⁠iOS: 3 GB minimum
•⁠ ⁠⁠Android: 4 GB minimum
iv. Storage Space
•⁠ ⁠Available Storage: 150 MB minimum (for app installation and data)
v. Network
•⁠ ⁠Internet Connection: Required (Wi-Fi or cellular data)
•⁠ ⁠⁠Connection Type: Stable connection required for real-time features
vi. Display
•⁠ ⁠Screen Resolution: 320 x 480 pixels minimum
•⁠ ⁠⁠Screen Size: 4.7 inches or larger recommended
vii. Supported Devices
•⁠ ⁠iPhone: iPhone 6s and later
•⁠ ⁠⁠iPad: iPad Air 2, iPad mini 4, and later
•⁠ ⁠⁠Android: Devices manufactured 2016 or later meeting above specs

You understand that proper operation of the Service requires certain equipment, software, and third-party services that are not provided or maintained by PortzApp are your sole responsibility. To access and use the Service, you must have equipment and services that meet the following minimum requirements (“Equipment Requirements”):

i. A compatible Internet-enabled device, such as a smartphone, tablet, or computer, running a supported version of iOS, Android, or a modern web browser.

ii. A stable and reliable Internet connection, whether mobile data or Wi-Fi, with sufficient bandwidth to access real-time port, vessel, and agent information;

iii. The latest version of the PortzApp mobile application or web application, as applicable; and

iv. Any device or software updates, security patches, or browser versions required to ensure continued access to all features of the Service.

You acknowledge that the Equipment Requirements may vary over time and may be updated by PortzApp at any time without prior notice. Continued access to or use of the Service may require you to download application updates, install newer operating system versions, or accept updated terms and conditions. PortzApp is not responsible for any inability to access or use the Service due to inadequate equipment, outdated software, or insufficient Internet connectivity.

You further understand that Equipment Requirements may change at any time, without notice, and that further access to the Service may require acceptance of additional agreements or a newer version of this Agreement (and which newer version you will be deemed to have accepted through your continued use of the Services). For example, the mobile application through which the Service is provided may be made obsolete by a more recent version, which may require updating an operating system and/or downloading a newer version of the mobile application and accepting a newer version of this Agreement.

c. Service and System Limitations. The Service is dependent upon the connectivity between the PortzApp server and your Internet-enabled Device. You acknowledge and agree that the Service is a digital platform designed to facilitate communication, coordination, and information exchange between vessel owners, agents, port service providers, and other maritime stakeholders. The Service does not operate or control any vessels, port facilities, marine equipment, or third-party services and relies on information submitted by users and external systems.

Accordingly, you understand and agree to the following limitations:

i. Data Accuracy & Timeliness.

The Service may rely on information provided by vessel agents, port authorities, terminal operators, and third-party systems. PortzApp does not guarantee the accuracy, completeness, or real-time nature of any such data, including vessel schedules, berthing times, service availability, port restrictions, or operational updates.

ii. Dependence on Third-Party Systems.

Certain features of the Service may rely on integration with external sources such as port community systems, maritime databases, communication networks, or third-party service providers. PortzApp is not responsible for interruptions, delays, failures, or inaccuracies caused by these third parties.

iii. Connectivity and Network Limitations.

The Service requires stable Internet connectivity. Performance may be impacted by weak connectivity, network congestion, device issues, or service outages provided by carriers or Internet service providers.

iv. Operational and Maritime Risks.

The Service does not replace official communications or mandatory reporting required by port authorities, maritime regulators, or government agencies. Users remain solely responsible for compliance with all applicable laws, marine safety requirements, port protocols, and operational procedures.

v. Platform Availability.

The Service may be temporarily unavailable due to maintenance, technical upgrades, security updates, or unforeseen system failures. PortzApp does not guarantee uninterrupted or error-free operation of the Service.

vi. Limitations on Control Over Users.

PortzApp does not verify, supervise, or control the actions of vessel agents, service providers, or any third party. Users are solely responsible for their interactions, accuracy of submitted data, and completion of services arranged through the platform.

vii. No Warranty for Operational Outcomes.

The Service is not responsible for any delays, disruptions, port clearance issues, navigation errors, berthing changes, or other operational outcomes associated with maritime or port activities.

You understand that the Service is intended as a facilitation and communication tool only and must not be relied upon as the sole source of operational, navigational, or regulatory information.

d. Password. Depending on the model of the PortzApp application, the Service may offer you the option to set a password. If you decide to set a password, please be advised that the password is not provided to PortzApp or any third party and you will need to know the current password to change or remove the password. If you decide to set a password, you promise to be fully responsible for the protection of your password and you accept all risks associated with creating or storing your password. Anyone who has access to your password may be able to access the Service and the PortzApp application. If you forget the password, the only way to reset the password is to visit before login: portzapp.com/forgot-password or visit after login: portzapp.com/settings/password, which can reset the password at a potential cost to you. Remembering or keeping track of any password created for the Service is your responsibility, and PortzApp is not responsible for the cost to recover the password. Should you decide not to recover the password and be unable to use the Service, the PortzApp will operate normally despite a lack of access to the Service.

e. Changes to the Service and Agreement. We reserve the right, on our sole discretion, to modify the Service at any time, without notice to you. We also from time to time may amend this Agreement prospectively, although no such amendment may materially reduce our obligations or liability to you in respect of the Service or the PortzApp application. If we do amend this Agreement, we will change the “last updated” date on this Agreement and post the amended Agreement on the Application (as defined below in clause 1.h) and online at www.portzapp.com. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, DO NOT USE THE SERVICE. Except as stated above, this Agreement may be amended or modified only by an express writing signed by PortzApp.

f. Term. This Agreement becomes effective immediately when you are granted access to the Service and shall remain in effect (and if amended, as amended) until your use of the Service is terminated in accordance with clause 12 below.

g. Notifications; Notice; Questions. All notifications or notices required under this Agreement to be provided to PortzApp and questions or comments that you have about this Agreement or the Service may be sent to info@portzapp.com as PortzApp’s contact point with regard to the Service, and are deemed given when PortzApp receives them. Notifications or notices under this Agreement to PortzApp require that an additional copy be sent to: Office #08, Al Jaddaf, Dubai, UAE.
ATTN: Customer Service, questions or comments also may be directed to Customer Relations at +971 4 342 8956.

h. End User License Agreement for Mobile Application. To access the Service, you first had to download or install PortzApp mobile application (the “Application”) on your Internet-enabled Device. Your use of the Application is subject to the terms of the Mobile Application End User License Agreement, which is attached at the end of this Agreement (the “EULA”). By using the Service, you will be conclusively deemed to have accepted this Agreement and the terms of the EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR THE EULA, YOU MUST IMMEDIATELY DELETE AND PURGE THE APPLICATION FROM YOUR INTERNET-ENABLED DEVICE.

2. Privacy Policy.

We operate the Service under the Privacy Policy published at https://portzapp.com/privacy-policy/ (the “Privacy Policy”), which is hereby incorporated into this Agreement. Each party shall comply with the Privacy Policy.

3. Our Ownership Rights.

The Service (including Our Property, as defined below) is the property of, or is licensed by, PortzApp Technologies L.L.C or the applicable third-party service provider. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Our Property”. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decomplication, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us, at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and that we reserve the right to obtain injunctive relief to restrain any breach or threatened breach of this Agreement and to disable, restrict or suspend any further use by you of the Service. You may, in accordance with the applicable law, be subject to criminal or civil penalties for violation of this paragraph.

The PortzApp name and logos are registered trademarks of PortzApp Technologies L.L.C,. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

The PortzApp name, logo, and all related marks are registered trademarks and intellectual property of PortzApp Technologies L.L.C. You may not use any of our trademarks, service marks, or logos in any manner—whether to create confusion, imply an association, or to disparage or discredit us—without our prior written consent.

Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable, non-transferable and non-sublicensable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal use, as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.

4. Use of the Service.

You must comply with any rules and policies about the use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages or content within the Service may contain supplemental terms of use to which you must agree in order to use the relevant features, pages or content.

Subject to the terms and conditions herein or any separate Service Level Agreement (which may be executed between PortzApp and user specifying fee and other terms), you are permitted to use the Service solely for the user’s personal use.

You must not (a) use the Service in any way that would violate any law or the rights of any person; (b) impersonate any person or entity; (c) except as otherwise expressly permitted by this Agreement and subject to the applicable law, harvest or otherwise collect information about others from the Service; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (f) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of the Service; or (h) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.

You accept full liability and risk for all use and misuse of the Service by you or by anyone who accesses the Service using your Internet-enabled Device or who you otherwise allow or enable to access the Service.

5. Feedback.

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of PortzApp. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.

6. Third-Party Services.

The Service may depend upon, interact with or enable access to third-parties’ information, other content, services, websites, or hardware, including your Internet-enabled Device, the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications (each, a “Third-Party Service”), which may in each case be accompanied by separate terms of use. Use of each Third-Party Service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third-Party Service and the Service. PORTZAPP DOES NOT ENDORSE, AND HEREBY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR, ANY THIRD-PARTY SERVICES.

7. Warranties and Disclaimers.

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. PORTZAPP AND ITS ASSOCIATED ENTITIES (COLLECTIVELY, THE " PortzApp Technologies L.L.C, ") DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL NOT CONTAIN ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PortzApp Technologies L.L.C, DISCLAIM ALL WARRANTIES AND CONSUMER GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONSUMER GUARANTEES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE SERVICES. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES OR AGAINST INFRINGEMENT.

7.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHERE LIABILITY UNDER ANY WARRANTY OR CONSUMER GUARANTEE WHICH CANNOT LEGALLY BE EXCLUDED BUT CAN BE VALIDLY LIMITED, SUCH LIABILITY IS LIMITED TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN; OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 'NOTHING IN THIS CLAUSE OR THESE TERMS LIMITS OR EXCLUDES YOUR REMEDIES UNDER THE CONSUMER PROTECTION LAWS OF THE RELEVANT JURISDICTION.

7.3 You hereby acknowledge and agree that we may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. In addition, you understand that changes in third-party technology or government regulation may render the Service obsolete and/or unusable. No advice or information, whether oral or written, obtained by you from us, our affiliates, or through the Service will create any warranty.

7.4 We make no warranty whatsoever as to the availability of the Mobile Application. We will have no liability to you if the Application is unavailable for any reason including, without limitation, an outage caused by routine maintenance, Third Party Service outage or malware.

8. Limitation of liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE PORTZAPP TECHNOLOGIES L.L.C, BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF THE PORTZAPP TECHNOLOGIES L.L.C, HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, PORTZAPP TECHNOLOGIES L.L.C, SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

SUBJECT TO CLAUSE 7.2 AND ANY LAWS THE APPLICATION OF WHICH MAY NOT BE LAWFULLY EXCLUDED, IN NO EVENT SHALL PORTZAPP TECHNOLOGIES L.L.C, MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, STATUTE TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LIABILITY LIMITS STATED IN CLAUSE 7.2.).

THE PRECEDING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnity.

In consideration of PortzApp providing you access to and use of the Service, to the maximum extent permitted by applicable law, you agree to indemnify PortzApp, PortzApp Technologies L.L.C, and its affiliates, third-party service providers, agents and licensors, against any claims, actions, proceedings, suits, demands, liabilities, losses, damages, costs, expenses and attorneys’ fees (collectively, “Liabilities”) resulting from, arising out of or related to (i) your breach of this Agreement; or (ii) your misuse or unsafe use of the Services (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct).

10. Governing Law; Jurisdiction.

This Agreement is governed by and construed in accordance with the laws of United Arab Emirates and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of United Arab Emirates.

11. Third Party Beneficiaries.

No provision of this Agreement confers any rights on any person or entity other than the parties themselves. No third party shall have any right to enforce any term of this Agreement pursuant to applicable law.

12. Suspension and Termination.

You may terminate this Agreement at any time by ceasing to use the Service. We reserve the right to suspend access to the Service at any time if we believe you are in breach of this Agreement or any other Service Level Agreements. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by posting on the Application) for any reason or no reason.

clauses 1-3, 5 and 7-16, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.

13. Force Majeure.

A Force Majeure Event, is defined as being conditions beyond a Party’s reasonable control including, but not limited to acts of God (such as severe storm, extreme climate disturbances, earthquake, flood, landslide, fire, air disaster, pandemic, epidemic or contamination); acts of terrorism; acts of a State or government body that have material adverse effect (such as the denial or cancellation of any necessary license), compliance with any law or governmental order, rule, regulation or direction, and/or the shortage of labour/workforce as a result of any such law, governmental order, rule, regulation or directive; strikes, labor disruptions, lockouts, or any other industrial disturbances; wars or hostilities (whether declared or not), invasion, act of international organisations, act of foreign states, rebellions, insurrections, civil war or riots, civil disturbance, revolutions, or any other significant upheaval resulting in public unrest; or power failures, fuel shortages, damage or destruction of public utilities, network facilities or servers that have a material adverse effect.

Neither Party shall be deemed to be in breach of this Agreement or otherwise be liable to the other, because of any delay in performance, or non-performance, of any of its obligations under this agreement to the extent that such a delay or non-performance is due to any Force Majeure Event of which it has notified the other Party; and the time for performance of that obligation shall be extended accordingly.

If the Force Majeure Event in question prevails for a continuous period in excess of six months, the Parties shall enter into bona fide discussions with a view to alleviating its effects or to agreeing upon such alternative arrangements as may be fair and reasonable.

14. Compliance with Laws.

You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement.

15. Geography.

a. The Service is made available by the Company for use by Users located in the Approved Jurisdictions, namely the United Arab Emirates, Singapore, and Malaysia, together with any additional jurisdictions that the Company may designate from time to time (collectively, the “Approved Jurisdictions”).

b. The Company makes no representation that the Service or any of its content is appropriate, lawful, or accessible in any jurisdiction other than the Approved Jurisdictions. Access to the Service from any jurisdiction where such access is unlawful, restricted, or subject to sanctions (including jurisdictions designated as restricted or prohibited under applicable laws, international sanctions regimes, or Company policies) is strictly prohibited.

c. If you access or use the Service from outside the Approved Jurisdictions, you do so entirely on your own initiative and at your own risk. You are solely responsible for ensuring full compliance with all applicable local laws, regulations, sanctions, and port-specific requirements in your jurisdiction.

d. The Company reserves the right, in its sole discretion and at any time, to modify the list of Approved Jurisdictions, restrict or block access from certain jurisdictions, or implement geo-blocking measures as may be required by applicable laws, international obligations, or business considerations.

16. Miscellaneous Provisions.

a. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you regarding its subject matter and us, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

b. This Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation by you without such consent will be null and void.

c. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

d. Your electronic assent or use of the Service shall constitute acceptance of this Agreement and agreement to be bound by these terms.

e. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in express writing and signed by us.

f. Except as otherwise expressly provided herein, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be deemed to be amended to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

g. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement.

17. All rights that are not expressly granted under this Agreement are reserved by PortzApp

Mobile Application End User License Agreement

This Mobile Application End User License Agreement (this “Agreement”) is a legally binding agreement between you (“you”) and PortzApp Technologies L.L.C, (“PortzApp”, “we”, or “us”). This Agreement governs your use of each mobile application that you access or use on your mobile device in connection with a PortzApp product or service (including all related documentation, the “Application”). References in this Agreement to “you” or “your” refer to both you and any organization on whose behalf you act.

IMPORTANT: THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND PORTZAPP . PLEASE READ THIS AGREEMENT CAREFULLY.

By clicking the “Agree” button (or similarly labelled button), or downloading, installing or using the Application, you (a) acknowledge that you have read and understand this Agreement, and (b) accept this Agreement and agree that you are legally bound by its terms. If you do not agree with these terms, you may not download, install or use the Application, and you must immediately delete and permanently purge it from your device (if already downloaded).

Your use of the Application is subject to the below terms of this Agreement.

1. License.

Subject to your compliance with all of the terms of this Agreement, PortzApp hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to download, install and use one copy of the Application for the sole purpose of your personal use on any electronic devices you own or control. This Agreement does not provide you with title to or ownership of the Application, but only a limited license to use the Application in accordance with the terms of this Agreement. All rights that are not expressly granted to you in this Agreement are retained by PortzApp and its licensors.

The term of this license shall commence upon your earlier download, installation or use of the Application and ends upon the earlier of: (a) you deleting and permanently purging all copies of the Application in your possession from any computer, mobile device or other medium on which you have stored or installed it; (b) your failure to comply with the terms of this Agreement; or (c) PortzApp terminating this license at any time, with or without notice, in its discretion, including if it ceases to support the Application. In the event this license terminates for any reason, then all rights and licenses granted to you hereunder shall terminate, you shall cease to use the Application, and you shall delete and permanently purge all copies of the Application from any computer, mobile device or other medium on which you have stored or installed it. The representations, warranties, restrictions and terms in clauses 2 through 9 below shall survive termination of this license and Agreement.

2. Representations and Warranties.

You represent and warrant to PortzApp that: (i) you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement; (ii) if you are downloading this Application on behalf of an organization, you represent that you have the right to bind such organization to this Agreement; (iii) when downloading this Application, you have provided, and will continue to provide, information that is correct and current; (iv) your performance under this Agreement and use of the Application will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (v) you are not located in a country that is subject to a U.S. Government embargo or international trade sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (vi) that you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Content and Services; Settings.

The Application may provide you with access to one or more PortzApp websites, or products or services accessible thereon, or certain features, functionality or content accessible on or through the Application may be hosted on a PortzApp website or otherwise subject to the Terms & Conditions and Privacy Policy that govern such PortzApp website or such products or services (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by any such Terms & Conditions and Privacy Policy. Your access to and use of such Content and Services may require you to acknowledge your acceptance of the applicable Terms & Conditions and Privacy Policy and to register with a PortzApp website or otherwise with PortzApp, and your failure to do so may restrict you from accessing or using certain of the Application's features, functionality or content. Any violation of any applicable Terms & Conditions will also be deemed a violation of this Agreement.

By using the Application, you further agree that PortzApp may change, alter, or modify the settings or configurations on your device used to store or access the Application to allow for or optimize your use of the Application.

4. Restrictions on Use.

You shall not, and shall not permit any third party, to: (i) modify or create any derivative work of the Application or any part of the Application; (ii) reverse engineer, decompile or disassemble the Application, in whole or in part; (iii) use the Application for commercial gain; (iv) distribute, rent, lease, lend, sell, license, assign, export, import, convey or otherwise grant rights to third parties with regard to the Application or any copies or any part of the Application; (v) make a copy (other than a backup copy) of the Application or any part of the Application (other than as expressly permitted herein); (vi) use or install the Application on a network or for on-line use; (vii) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the Application; (viii) export or transport the Application into any country in violation of any export laws and regulations; or (ix) use the Application to develop or market any product, software or service that is functionally similar to or derivative of the Application, any of the Content and Services, or any, software or service.

The Application may require an Internet connection to access or enable certain features of the Application, authenticate that you have a valid license to the Application, or perform other functions. If the device on which the Application is installed does not have Internet access and the Application does not have the necessary permissions to access such Internet access fully, then the Application or certain features of the Application may not operate or may cease to function correctly, either in whole or in part.

The Application may include digital rights management controls and other technical measures to control access to the Application, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only an application subject to a valid license can be used to download updates and access any Content and Services. You may not interfere with such access control measures or attempt to disable or circumvent such security features.

5. Ownership and Proprietary Rights.

PortzApp and its licensors are the sole owners of the Application. Of all right, titles and interests therein, including, but not limited to, all copyright, trade secret, patent, trademark and other intellectual property rights in and to the Application, and including concerning the Application code, algorithms, graphics, characters, and audio-visual elements that comprise or are displayed by the Application. The Application is protected by copyright and other intellectual property laws and treaties. The Application is licensed, not sold. You acknowledge and agree that any unauthorized use of the Application is a violation of this Agreement as well as a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.

6. Information Collected by PortzApp.

You acknowledge that when you download, install or use the Application, PortzApp may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to download, install or use the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information PortzApp collects through or in connection with the Application is subject to PortzApp’s Privacy Policy located at https://portzapp.com/privacy-policy/ (the “Privacy Policy”). By agreeing to the terms of this Agreement (including downloading, installing, using and providing information to or through the Application), you are accepting and agreeing to the Privacy Policy, as it may be modified from time to time in accordance with its terms, including your consent to all actions taken by PortzApp with respect to your information in compliance with the Privacy Policy.

7. Disclaimer of Representations and Warranties; Limitation of Liability.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW (WITHOUT LIMITING ANY WARRANTIES OR CONSUMER PROTECTION WHICH CANNOT BE EXCLUDED UNDER THE CONSUMER PROTECTION LAWS OF THE RELEVANT JURISDICTION, THE APPLICATION IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND PORTZAPP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OR FUNCTION OF THE APPLICATION OR WITH RESPECT TO BENEFITS YOU MAY ATTAIN FROM USE OF THE APPLICATION AND PORTZAPP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE APPLICATION OR ANY BENEFITS YOU MAY ATTAIN FROM USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF RELIABILITY OR AVAILABILITY OR THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IT WILL BE INTEROPERABLE WITH ANY OTHER APPLICATION OR SERVICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHERE LIABILITY UNDER ANY WARRANTY OR CONSUMER GUARANTEE WHICH CANNOT LEGALLY BE EXCLUDED BUT CAN BE VALIDLY LIMITED, SUCH LIABILITY IS LIMITED TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN; OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. NOTHING IN THIS CLAUSE OR THESE TERMS LIMITS OR EXCLUDES YOUR REMEDIES UNDER THE CONSUMER PROTECTION LAWS OF THE RELEVANT JURISDICTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PORTZAPP, ITS AFFILIATES OR ITS LICENSORS WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE, MISUSE OR POSSESSION OF THE APPLICATION, INCLUDING FROM THE MALFUNCTION OF OR INABILITY TO USE THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, COMPUTER OR MOBILE DEVICE FAILURE, LOSS OF REVENUE, PROFITS OR GOODWILL, UNAUTHORISED ACCESS TO OR ALTERATION OF, OR LOSS OF OR DAMAGE TO, YOUR TRANSMISSIONS OF DATA OR ANY OTHER MATTER RELATING TO THE INFORMATION OR CONTENT CONTAINED WITHIN OR ACCESSED THROUGH THE APPLICATION, PERSONAL INJURY OR DEATH, OR FROM ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, WHETHER RESULTING FROM BREACH OF CONTRACT, STATUTE, TORT OR OTHER LEGAL LIABILITY WHATSOEVER, EVEN IF PORTZAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF PORTZAPP (INCLUDING ITS AFFILIATES) ARISING OUT OR RELATING TO THIS AGREEMENT AND YOUR USE AND POSSESSION OF THE APPLICATION SHALL NOT EXCEED THE LIABILITY LIMITS STATED IN THE SECOND PARAGRAPH OF CLAUSE ‎1 ABOVE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You should contact PortzApp concerning any defects or performance issues in the Application using the contact information provided below. PortzApp will make reasonable efforts to respond to questions relating to the Application but makes no representation or warranty that it will resolve all questions or that questions will be answered within a given time. PortzApp shall be under no obligation to provide any other support or maintenance services for the Application. The market or application store from where you downloaded the Application has no responsibility to provide support and maintenance for the Application or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Application should be addressed to PortzApp by email at info@portzapp.com or by phone at +971 4 342 8956.

8. Governing Law; Jurisdiction.

9. Miscellaneous.

a. You may not assign, sublicense, or transfer this Agreement or any of your licenses, rights, or obligations under this Agreement without the written consent of PortzApp (in its sole discretion). PortzApp may freely assign this Agreement, in whole or part, including to an affiliate, or to an acquirer of or successor to the Application or PortzApp’s business or assets related thereto. Any assignment, sublicense, or transfer by you in violation of this subsection shall be void and without force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

b. PortzApp may from time to time in its sole discretion develop and provide Application updates, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PortzApp has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet either: (1) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the “Application” and be subject to all terms of this Agreement unless they are subject to a different PortzApp license agreement. PortzApp reserves the right to discontinue any Content and Services and to discontinue supporting the Application or its network, in whole or in part.

c. You agree to comply with all applicable international and national laws that may apply to the Application, as well as end-user, end-use and destination restrictions. The information provided in connection with the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PortzApp to any registration requirement within such jurisdiction or country. This Application is controlled by PortzApp Technologies L.L.C, from its offices within United Arab Emirates and PortzApp makes no representation that the Application, or any of the Content and Services, are appropriate or available for use in other locations, other than Approved Jurisdictions. Those who choose to access the Application from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.

d. Any delay or failure on the part of PortzApp to exercise or enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. Any waiver by PortzApp must be in writing to be enforceable, and then shall not apply to any other time, right or privilege. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

e. This Agreement is the complete and exclusive agreement between you and PortzApp regarding the Application and your license to the Application and it supersedes and renders null and void any and all prior agreements, understandings, representations, conditions, and other communications between PortzApp and you with respect thereto. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, it shall be severed to the minimum extent required for the other provisions to continue in full force and effect, except as otherwise provided herein. The Agreement may be modified from time-to-time by PortzApp at the same time when the Application receives an Update and your continued use of the Application after such Update means that you have agreed to accept any changes or modifications made by PortzApp Technologies L.L.C, to this Agreement. Otherwise, this Agreement may only be modified by a writing signed by PortzApp Technologies L.L.C,.

f. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and are not to be considered in construing or interpreting this Agreement.

g. This Agreement constitutes a valid and binding agreement between PortzApp and you, as a user, for the use of the Application. You hereby agree and acknowledge that this Agreement covers all your use of the Application, whether it be from this installation or from any other device or medium where the Application has been installed, by you or by third parties. Furthermore, by installing and continuing to use the Application you agree to be bound by the terms of this Agreement and any new versions hereof.

10. Terms Applicable if Accessing the Application Through an Apple Device.

If you are accessing or using the Application through an Apple device, the following additional terms are applicable to you and are incorporated into the Agreement by this reference:

a. To the extent that you are accessing the Application through an Apple device, you acknowledge that this Agreement is entered into between you and PortzApp, and that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated by clause 10(h) of this Agreement below. You acknowledge that PortzApp, and not Apple, is responsible for providing the Application and content thereof.

b. The license to the Application granted in clause 1 of this Agreement is further limited to installing and using the Application only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service (see http://www.apple.com/legal/itunes/us/terms.html). PLEASE CHECK For purposes of clarity, the license granted to you in clause 1 of this Agreement is non-transferable.

c. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you concerning the Application. To the extent that there are any such maintenance or support obligations under applicable law or the terms of this Agreement, PortzApp is solely responsible.

d. In the event of any failure of the Application to conform to any applicable warranty (none of which is granted under this Agreement), you may notify Apple, and Apple will refund the purchase price for the Application to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in this Agreement) will be PortzApp’s sole responsibility.

e. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and PortzApp, PortzApp, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PortzApp’s liability to you beyond what is permitted by applicable law.

f. You agree that in the event of a third-party claim that the Application or your possession and use of the Application infringes on a third party's intellectual property rights, PortzApp (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.

g. If you have any questions, complaints or claims concerning the Application they should be directed to PortzApp by email at info@portzapp.com or by phone at +971 4 342 8956. You agree to comply with applicable third-party terms of agreement when using the Application.

h. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.