Terms of the operator.portivo.eu site

The Provider is Portivo Inc., a corporation organised under the laws of the State of Delaware (United States of America), Delaware file number 10768094, with its registered office at 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA.

Contact: contact@portivo.eu. Personal data matters: privacy@portivo.eu.

The Provider's representative in the European Union, designated under Article 27 of Regulation (EU) 2016/679 (GDPR) and Article 13 of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the Digital Services Act), is Outofplace Poland spółka z ograniczoną odpowiedzialnością, ul. Żabia 4, 18-400 Łomża, Poland, KRS 0001163427, NIP 7182173789.

These terms are available free of charge at operator.portivo.eu/terms in a form that lets you download, store and print them.

These terms cover the operator.portivo.eu site: its information pages, the demo booking form and contacting the Provider.

A charter company's use of the Portivo platform is governed by a separate Portivo platform services agreement, not by these terms.

Booking a charter in a charter company's shop is governed by that company's terms. The Provider is not a party to the charter contract, does not provide charter services and does not act as an intermediary in their sale in its own name.

The Provider is not a payment service provider. Payments from charter companies' customers are settled by an independent payment service provider (Stripe), and the money goes directly to the charter company's account. The Provider does not resolve disputes between a charter company and its customer and gives no guarantee of a refund.

The site's services are intended for businesses. The site is not addressed to consumers within the meaning of Article 22¹ of the Polish Civil Code.

• making information about the Portivo platform available, including the price list and module descriptions;
• booking, rescheduling and cancelling an online demo of the platform;
• contacting the Provider through the form and by email.

The services above are free of charge.

To use the site you need a device with internet access and an up-to-date browser that supports HTML5, style sheets and JavaScript.

The Provider is not responsible for any malfunction of the site caused by these requirements not being met.

Using the internet carries the risks typical of the medium, including the interception of transmissions by unauthorised persons. Transmission on the site is encrypted with TLS.

Supplying unlawful content is prohibited.

Using the site in a way that disrupts it is prohibited, in particular automated querying beyond ordinary use, attempts to bypass security measures or introducing malicious software.

The Provider may restrict or block the use of the site by anyone who breaks these rules.

The agreement to browse content is concluded when you open the site and ends when you leave it.

The agreement to book a demo is concluded when the time is confirmed and expires once the demo has taken place. The demo can be rescheduled or cancelled at any time, without giving a reason, through the link in the confirmation email.

The agreement to contact the Provider is concluded when you send the form or a message and ends when it is answered or the matter is closed.

Send complaints about the site to contact@portivo.eu.

A complaint should identify the person making it, describe the problem and say how they would like it resolved.

The Provider considers a complaint within 14 days of receipt and informs the person who made it of the outcome by email.

The Provider offers a hosting service within the meaning of Regulation (EU) 2022/2065 on a Single Market for Digital Services (DSA): it stores the content of charter companies' shops, published on portivo.eu subdomains and on those companies' own domains.

Point of contact. Member State authorities, the European Commission and the European Board for Digital Services (DSA Art. 11), as well as recipients of the service (DSA Art. 12), contact the Provider at contact@portivo.eu, in Polish or English. A person answers these messages.

Legal representative. The Provider's legal representative in the European Union (DSA Art. 13) is Outofplace Poland sp. z o.o., ul. Żabia 4, 18-400 Łomża, Poland. Authorities may address it on any matter concerning compliance with the DSA.

Reports of illegal content (DSA Art. 16) should be sent to contact@portivo.eu. A report should contain:

• an explanation of why the reporter considers the content illegal;
• the exact URL of the content and, where needed, any other information that helps find it;
• the name and email address of the person or entity reporting, unless the report concerns offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a statement by the reporter that they believe in good faith that the information and allegations in the report are accurate and complete.

The Provider confirms receipt of a report, handles it without undue delay, diligently and objectively, and then informs the person who reported it of the decision and of the ways to challenge it.

Restricting content (DSA Arts. 14 and 17). The Provider may remove content, disable access to it or suspend the service where the content is illegal or breaches the platform services agreement. A person makes these decisions; the Provider does not use automated content moderation. Whoever a decision affects receives a statement of reasons: the scope of the restriction, the facts and circumstances, the legal or contractual ground and the ways to appeal. A decision can be appealed by writing to contact@portivo.eu, and rights can also be pursued in court.

The Provider is a micro or small enterprise, so under DSA Art. 15(2) and Art. 19 it does not publish transparency reports and is not subject to the obligations reserved for online platforms.

The site's content, including texts, graphics, marks and page layout, is protected by copyright and industrial property law. Using it beyond what the law permits requires the Provider's consent.

The Provider may change these terms by publishing the new text on the site with the date it takes effect, no sooner than 14 days after publication.

Services started before a change takes effect remain under the previous text.

These terms are governed by the laws of the State of Delaware, subject to the mandatory provisions of European Union law and Polish law that apply regardless of the choice of law.

Disputes are resolved by the court or arbitral tribunal agreed in the contract between the parties or, absent such a contract, by the court competent under the general rules.