These Terms of Service ("Terms") govern your access to and use of the website at portmux.com (the "Site") and any data migration services (the "Services") provided by Portmux Data Co. ("Portmux," "we," "us"). By using the Site or engaging us for Services, you agree to these Terms.
1. Who May Use Portmux
The Site and Services are intended for businesses and individuals at least 18 years old who can form a binding contract. By using the Site you represent that you meet these requirements, and if you act on behalf of a company you have authority to bind that company.
2. The Services
Portmux provides platform-agnostic B2B data migration services on a fixed-scope engagement basis. The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate written Statement of Work, order form, or Master Services Agreement ("Engagement Documents"). In the event of a conflict between these Terms and the Engagement Documents, the Engagement Documents control for that engagement.
3. Site Use
You may browse the Site for informational purposes. You agree not to:
- Use the Site in violation of any law or these Terms.
- Attempt to gain unauthorized access to the Site, servers, or related infrastructure.
- Scrape, copy, or reproduce substantial portions of the Site for redistribution without our written consent.
- Interfere with or disrupt the Site, or upload or transmit any virus, malware, or harmful code.
- Submit false, misleading, or fraudulent information through any form.
4. Customer Data & Data Processing
During an engagement, you may provide us with data — including data that contains personal information about your employees, customers, or contacts — for migration. You retain all right, title, and interest in that data. We process it solely to perform the Services on your documented instructions, as further described in our Data Processing Agreement, available on request and incorporated by reference into Engagement Documents that involve personal data.
You represent and warrant that (i) you have all rights and permissions necessary to provide the data to us, (ii) our processing of that data on your behalf will not violate any law or contract, and (iii) you are responsible for the lawful basis of any personal data you transmit to us.
5. Fees, Invoicing & Payment
Fees for Services are set out in the applicable Engagement Documents. Unless otherwise specified, invoices are due net thirty (30) days from the invoice date. Late amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You are responsible for all taxes (excluding taxes on our income).
6. Intellectual Property
The Site and all of its content — including text, graphics, layouts, logos, the Portmux name and brand, software, and the underlying migration tooling — are owned by or licensed to Portmux and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for its intended purpose. All other rights are reserved.
For paid engagements: any deliverables produced specifically for you under an Engagement Document are licensed or assigned as set out there. Our pre-existing tools, connectors, and know-how remain our property.
7. Feedback
If you send us feedback, suggestions, or improvement ideas about the Site or Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and exploit that feedback without restriction or compensation.
8. Third-Party Services
The Site may link to third-party websites and services (e.g., source or destination platforms like Salesforce, HubSpot, NetSuite). We do not control and are not responsible for those third parties or their terms, content, or privacy practices. Your use of any third-party service is at your own risk and subject to that third party's terms.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET OUT IN A SIGNED ENGAGEMENT DOCUMENT, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PORTMUX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). LIABILITY FOR PAID ENGAGEMENTS IS GOVERNED BY THE LIMITS SET OUT IN THE APPLICABLE ENGAGEMENT DOCUMENT.
11. Indemnification
You agree to defend, indemnify, and hold Portmux and its officers, directors, employees, and contractors harmless from and against any claims, damages, liabilities, and reasonable costs (including attorneys' fees) arising out of or relating to (a) your use of the Site in breach of these Terms, (b) your violation of any law or third-party right, or (c) data you submit through the Site that violates a third party's rights.
12. Term & Termination
These Terms apply for as long as you use the Site. We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination — including Sections 4, 6, 7, 9, 10, 11, 13, 14, and 15 — will survive.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page and, for material changes, take additional steps such as posting a notice on the Site. Continued use of the Site after an update constitutes acceptance of the revised Terms.
14. Governing Law & Disputes
These Terms are governed by the laws of the State of Missouri, U.S.A., without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Site is the state and federal courts located in Jackson County, Missouri, and you consent to personal jurisdiction in those courts. Each party waives any right to a jury trial. You agree to bring any claim only in your individual capacity and not as a class member or representative.
15. Miscellaneous
These Terms, together with the Privacy Policy and any Engagement Documents, are the entire agreement between you and Portmux about the Site. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce any right or provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign freely. Notices to us must be sent to Ryan@untappedconnections.com.
16. Contact
Questions about these Terms? Email Ryan@untappedconnections.com.
This document is provided for informational purposes and does not constitute legal advice. Engagements involving regulated data or specific jurisdictions may require additional terms; consult counsel.