PortPulse Terms of Service

1) Who we are

“PortPulse” refers to the provider of the Service. References to “we,” “us,” or “our” mean PortPulse and its affiliates. We operate an API-first data service that standardizes port operations metrics (e.g., congestion, dwell, trend, snapshots, and alerts) in JSON/CSV.

2) Eligibility & accounts

• Business use only. You represent that you are acting for a business and have authority to bind it.
• You must provide accurate registration information and keep it current.
• You are responsible for all activities under your account and for maintaining credential security.

3) Trials & evaluation

We may offer a 14-day evaluation (up to 5 ports) for non-production testing. Trials are provided “as is” without SLA or credits and may be modified or discontinued at any time.

4) Subscriptions, renewals & fees

• Plans: Lite, Starter, and Pro (see Pricing page). Fees are billed in USD via our payment processor (e.g., Stripe) and auto-renew monthly or annually unless canceled per this Section.
• Auto-renewal & cancellation: Subscriptions renew for successive terms unless you cancel in the customer portal before the renewal date. Cancellations take effect at the end of the current term.
• No refunds for partial periods, unused capacity, or downgrades within a term unless required by law.
• Usage caps: If usage exceeds plan limits (e.g., ports or requests), you consent to upgrade or overage handling as described on the Pricing page or Order Form.
• We may update pricing on renewal with prior notice.

5) Taxes & invoices

Fees are exclusive of taxes. Where applicable, we will collect and remit taxes (e.g., VAT/GST) via our processor. You are responsible for any other taxes, duties, or government charges related to your purchase.

6) API keys, security & rate limits

• API access requires a valid key (e.g., pp_live_* / pp_dev_*) tied to your account.
• Keep keys confidential. Do not share, post, or embed keys in client-side public code.
• Default rate limits: ~60 requests per minute (burst ×5) unless otherwise specified. We may throttle or suspend for abuse or security reasons.
• Caching: We encourage honoring Cache-Control and ETag for CSV/JSON to improve performance.

7) License & permitted use

Subject to these Terms and timely payment, we grant you a non-exclusive, non-transferable, revocable license to access the Service and use the outputs (JSON/CSV) internally within your organization for business purposes, including analysis, dashboards, and decision support, and to create derived works and visualizations.

You may store and cache outputs for internal use, audit, and reproducibility. You must retain our field naming and units when claiming comparability across ports.

8) Prohibited uses

• Resale or sublicensing of raw API responses or bulk redistribution to third parties is prohibited.
• Building a directly competing raw-data API using our outputs is prohibited.
• Using the Service to process or infer sensitive personal data, or to track individuals or specific vessels in violation of law or data-source terms, is prohibited.
• Security testing (e.g., scraping, scanning, DDoS), circumvention of rate limits, or credential sharing.
• Illegal, harmful, or high-risk uses (e.g., sanctions evasion, export control violations).

9) Service levels (SLO/SLA)

SLO (all plans): We target freshness p95 ≤ 2h and endpoint latency p95 < 300ms with caching. These are targets and not guarantees.

SLA (Pro plan only): Monthly Uptime Percentage (“MUP”) 99.9%. Downtime means unavailability of the public API endpoints measured by our external probes, excluding: scheduled maintenance (with notice), force majeure, customer-side issues, Internet/ISP failures, and third-party outages outside our control.

Credits are your sole remedy for SLA breaches, capped at fees paid for the affected month, and require your written request within 30 days after the month ends.

10) Changes & deprecations

• We may improve or modify the Service. Breaking changes will be versioned (e.g., /v1beta).
• Deprecated endpoints will have a deprecation window of at least 90 days where feasible.
• We may publish a changelog and migration guidance for significant changes.

11) Data, privacy & logs

• We process minimal account and billing data and store request logs (including timestamp and x-request-id) for operations, support, security, and audit.
• We do not require end-user personal data to use the Service. Do not send us sensitive personal information.
• Data retention: operational logs are typically retained for ≤ 30 days unless longer retention is required for security or legal reasons.
• Your use is also subject to our Privacy Policy (if applicable).

12) Third-party sources & beta

• Some metrics are derived from public or licensed sources (e.g., port notices, vessel events). Availability may vary by region and time; we do not warrant uninterrupted access to third-party sources.
• Beta/preview features are provided “as is,” may change at any time, and are excluded from SLA and credits.

13) IP ownership & feedback

• We retain all rights, title, and interest in the Service, software, documentation, and data models. No rights are granted except as expressly set forth.
• You own your input data and your internal analyses and dashboards. You grant us a non-exclusive license to use your feedback to improve the Service without restriction or compensation.

14) Confidentiality

Each party may receive non-public information marked or reasonably understood as confidential. The receiving party will use such information only to perform under these Terms and protect it using reasonable measures. Exclusions apply (e.g., public, independently developed, or lawfully obtained information).

15) Indemnities

• By you: You will defend and indemnify us against third-party claims arising from your content, your misuse of the Service, or your violation of these Terms or applicable laws.
• By us (IP only): We will defend and indemnify you against third-party claims alleging the Service directly infringes intellectual property rights, except to the extent the claim arises from your content, combinations not provided by us, or your modifications. Our obligations are conditioned on timely notice and your reasonable cooperation.

16) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DATA SOURCES MAY BE DELAYED, INCOMPLETE, OR UNAVAILABLE, AND OUTPUTS MAY CONTAIN ERRORS.

17) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EXCEPT FOR PAYMENT OBLIGATIONS OR YOUR BREACH OF SECTION 8 (PROHIBITED USES), EACH PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

18) Suspension & termination

• We may suspend or limit the Service immediately for security reasons, suspected abuse, or non-payment.
• Either party may terminate for material breach not cured within 30 days after written notice. You may also terminate at any time via the customer portal (effective end of term).
• Upon termination or expiration, your license ends and API access will cease. You may retain outputs already obtained for internal archival/audit purposes unless otherwise prohibited by law.

19) Compliance, sanctions & export

• You represent that you and your beneficial owners are not subject to sanctions and will comply with export control and trade compliance laws (e.g., U.S. EAR, OFAC).
• You will maintain appropriate anti-bribery/anti-corruption policies and comply with applicable laws.

20) Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts of laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for disputes that are not subject to arbitration.

At our election, certain disputes may be resolved by binding arbitration under JAMS rules in English with a single arbitrator, and the award may be entered in any court of competent jurisdiction.

21) Miscellaneous

• Assignment: You may not assign these Terms without our prior written consent.
• Force majeure: Neither party is liable for delays due to events beyond reasonable control.
• Notices: Legal notices to you may be sent to your account email; notices to us via legal@useportpulse.com.
• Publicity: With your consent, we may reference your name and logo; you may opt out anytime.
• Entire agreement: These Terms plus any Order Form constitute the entire agreement.
• Order of precedence: Order Form > these Terms > documentation.
• Severability and waiver: If any provision is unenforceable, the remainder remains in effect.

22) Contact

Questions? Contact support@useportpulse.com. For data protection inquiries: privacy@useportpulse.com.