Summary of Key Terms

• You can use our platform only for legal and professional purposes.
• We are not a bank. All payments go through licensed partners.
• You are responsible for what you upload - keep it lawful and safe.
• If you don’t pay, we may pause your access (but we’ll try to reach you first).
• Your personal data is protected under GDPR and never sold.
• You can cancel anytime by emailing us.

1. Overview

Please carefully review these Terms of Service ("Terms") before accessing or using the platform available at https://port4work.com (the “Platform”), operated by DarwinApps sp. z o. o. ("port4work", "we", "our", or "us").

In these Terms, the terms “you” and “your” refer to any individual or entity using the Platform. port4work may revise these Terms periodically by publishing an updated version on this page. Your continued use of the Platform implies your acceptance of any such changes.

port4work offers tools and services designed to help businesses manage working relationships with independent Contractors and Consultants (as defined below), and to assist Clients in handling payroll and HR-related processes for their employed staff.

These Terms apply to all Users of the Platform and associated services ("Services"). Available features and functions may vary depending on the type of User account you hold. Some Services may only be accessible upon payment of applicable fees as listed on the Platform.

port4work reserves the right to modify, suspend, or terminate access to any or all parts of the Services at its sole discretion and without prior notice.

2. Definitions

Capitalized terms used throughout these Terms have the meanings specified below:

• Account - A registered account that provides access to and usage of the Platform in accordance with these Terms.
• Administrator - A User who is authorized to act on behalf of a Business, including creating and managing an Account and accessing Services provided by port4work.
• Business - Any legally recognized entity that holds an Account on the Platform, managed through an Administrator.
• Clients - Users who utilize the Platform to request Services and process payments in connection with those Services.
• Content - All materials available on or through the Platform or Services, including but not limited to documents, images, videos, audio, text, data, and any adaptations or modifications thereof.
• Contractors - Users who provide services to Clients under contractual terms and receive compensation via the Platform.
• Payment Service Provider(s) - Third-party entities that process monetary transactions on behalf of Users, as permitted under applicable law.
• Users - Individuals or entities who are authorized to access or manage an Account on the Platform.
• User Content - Any Content submitted, uploaded, or otherwise made available by Users through the Platform or in connection with the Services.

3. Platform Use and Eligibility

3.1. Subject to these Terms and any other applicable agreements between you and port4work, we grant you a limited, non-exclusive, non-transferable right to access and use the Platform and related Services, strictly for your own internal business operations or those of the Business you represent.

3.2. Access to the Platform and Services is prohibited where unlawful. By engaging with the Platform, you confirm (where applicable, on behalf of your Business) that:

• All registration details you provide are accurate and truthful;
• You will ensure this information remains current and correct;
• Your use of the Platform complies with all relevant laws, regulations, and third-party obligations;
• You will adhere to these Terms and all applicable guidelines during your use of the Platform and Services.

3.3. The Platform is intended for individuals aged 18 or older. If you are between 16 and 17 years old, you must have explicit permission from a parent or legal guardian. Users under 16, or those legally prohibited from accessing such services, are not permitted to use the Platform or register an Account.

Account creation is restricted to humans only - the use of bots or automation is strictly prohibited. Each User may maintain only one Account at any given time. By registering, you confirm that you are legally eligible to form a binding agreement. If you do not meet these criteria, you may not access or use the Platform or Services. port4work retains full discretion to deny or revoke access to any Account without obligation to disclose a reason.

3.4. If you are using the Platform on behalf of a Business:

• You represent that you are authorized to bind the Business to these Terms and to act on its behalf in all matters related to the Services;
• The Business assumes full responsibility for your activity on the Platform, as well as for actions of affiliated users including employees, agents, and contractors.

3.5. port4work reserves the right to remove Content or suspend Services at any time, without prior notice, if we determine that your use violates these Terms, applicable laws, or our Prohibited Activity List. In such cases, your Account may be suspended or closed. Where possible, and if legally allowed, we will notify you of any such action following its implementation. Content or Services removed under this section will not be recoverable.

4. port4work Accounts

4.1. Applying for an Account. To access the Services, you must first create an Account. During registration, you will be asked to provide your full legal name, a valid email address, a government-issued identification number (such as SSN, EIN, or TIN), your legal address, and any other information port4work reasonably requires.

If you are registering on behalf of a Business, you may also need to submit business-specific information, including its address, ownership structure, and the nature of its operations. This data is necessary to allow port4work and its financial partners to perform due diligence, both before activating your Account and throughout your relationship with us.

When registering an Account on behalf of a Business, you must designate at least one Administrator. You are responsible for any actions taken by the Administrator or any individual who gains access to your credentials. By acting as an Administrator, you confirm that you have the legal authority to represent and manage the Business Account.

4.2. Account Security You are solely responsible for safeguarding your Account and all activities conducted under it, regardless of whether they were carried out by you personally. This includes protecting access to your devices and systems used to access the Platform.

If you suspect your Account has been compromised, you must promptly take action to restrict access and notify port4work. While we will make every reasonable effort to support you and mitigate risks, port4work cannot be held responsible for losses resulting from unauthorized access unless you have formally reported the incident.

To report a security breach and request a temporary block on your Account, please contact us at info@darwintool.pl. We will take appropriate action as soon as reasonably practicable upon receipt of your notification.

You agree to indemnify and hold port4work harmless for any unauthorized, unlawful, or improper use of your Account and any resulting charges, unless such activity occurred after you notified us and requested that access be blocked.

In case of suspected compromise, we may temporarily suspend your Account to prevent further unauthorized activity.

5. Content

5.1. User Content Responsibility port4work is not obligated to host, display, or retain any User Content you upload. We reserve the right to remove or permanently delete any submitted content, with or without notice, at our sole discretion.

You are solely responsible for all content you upload or share via the Platform or Services. By submitting User Content, you affirm that:

• It complies with all applicable laws and regulations;
• It does not infringe any third-party rights, including intellectual property, privacy, or publicity rights;
• You have full legal authority to submit the content.

5.2. Prohibited User Content You agree not to upload or distribute content through the Platform that:

• Interferes with or limits other Users’ ability to use the Services;
• Imposes an unreasonable load on our systems or infrastructure;
• Harms, harasses, defames, or threatens others;
• Violates any third-party rights, including intellectual property or privacy rights;
• Involves illegal, fraudulent, counterfeit, stolen, or otherwise unauthorized material or conduct;
• Contains offensive, obscene, or discriminatory material or promotes hate or violence;
• Includes malware, viruses, or other malicious components;
• Encourages behavior that would constitute a criminal offense or legal liability.

5.3. Restrictions on Use The Platform and Services must not be used for unlawful, fraudulent, or unauthorized purposes. In particular, you may not:

• Violate intellectual property laws or infringe the rights of port4work or others;
• Use the Platform for consumer, personal, or non-commercial purposes;
• Act on behalf of unaffiliated third parties or unrelated services;
• Access the Platform from any region subject to a U.S. embargo, including Cuba, Iran, North Korea, Syria, Crimea, Donetsk, or Luhansk;
• Engage in transactions with individuals or entities subject to U.S. sanctions (e.g., OFAC-listed or state-controlled entities in restricted regions).

5.4. Prohibited Activities You must not engage in or attempt to engage in any activities listed in our Prohibited Activity List. This includes:

• Soliciting or offering services related to Prohibited User Activities;
• Attempting any use classified as a Prohibited Use;

If we suspect or confirm such activities, port4work may suspend or close your Account, freeze associated funds, and notify relevant financial institutions or regulators. To the extent allowed by law, we will inform you after taking such action.

6. Prohibited User Activities and Uses

6.1. Prohibited User Activities. The following is a non-exhaustive list of activities that are prohibited for Users of the port4work Platform and Services. Please note that some industries may be restricted under financial regulations even if they are technically eligible for SaaS-based services.

• Engaging in or facilitating violations of applicable laws, regulations, or ordinances;
• Operating businesses that cannot be reasonably verified or whose source of funds is unclear;
• Use of anonymous, nominee, or fictitious accounts;
• Failure or refusal to provide required verification documentation;
• Operating shell or offshore companies without actual business activity in their jurisdiction;
• Companies issuing or utilizing bearer shares;
• Infringement of intellectual property or proprietary rights;
• Offering products or services illegal in the relevant jurisdiction;
• Distribution of counterfeit, unauthorized, or illegal goods;
• Sale or facilitation of controlled substances or drug paraphernalia, including cannabis-related services;
• Engagement with adult content, pornography, or sexually explicit services;
• Operating or promoting Multi-Level Marketing (MLM) schemes or esoteric/occult services;
• Gambling operations in jurisdictions where such activities are restricted or unlicensed.

6.2. Prohibited Uses of the Platform and Services. You may not use the port4work Platform or Services in any of the following ways:

• Reverse engineering, disassembling, or otherwise attempting to discover the Platform’s underlying code or structure;
• Disabling, disrupting, or overloading the Platform or interfering with its normal operation or other Users' access;
• Accessing or attempting to access the accounts, systems, or data of other Users without authorization;
• Bypassing or tampering with any security, licensing, or technological protections of the Platform;
• Scraping, mining, crawling, or using bots or automated tools to collect data from the Platform;
• Uploading malicious software such as viruses, worms, or logic bombs;
• Using the Platform for unlawful, unethical, harassing, or disruptive purposes;
• Violating any applicable laws or regulatory obligations through your use of the Platform;
• Accessing another User’s account or credentials without explicit permission;
• Using the Services in any way that is not explicitly permitted under these Terms.

7. port4work Engage

7.1. Access to Engage Services. Subject to these Terms, Clients may access specific cloud-based features within the Platform offered by port4work for internal business use. These features may include tools for career development, performance and learning management, applicant tracking, budgeting, compensation, and job planning (collectively, the “Engage Services”).

7.2. Purpose of Use. The Client agrees to use the Engage Services exclusively for legitimate internal operations and not for any external or unauthorized purposes.

7.3. Grant of Access. Subject to compliance with these Terms and payment of applicable fees, port4work will provide the Client access to specific Engage Service modules, as outlined in the Pricing Page or otherwise agreed between the parties.

7.4. Definitions (Engage Section only).

• Subscription Plan: The selected fee-based plan for the Engage Services, as detailed on the Pricing Page.
• Effective Date: The date on which the Client or its Authorized Users first gained access to Engage Services.

7.5. Scope of Services. Subject to payment and compliance:

• The Client receives a non-exclusive, non-transferable license to use Engage Services for internal operations during the Subscription Term.
• Functionalities include onboarding, reporting, document submission, and access to HR-related tools.
• Authorized Users may be granted progressive access to specific modules and functionalities.
• port4work reserves the right to modify or discontinue Engage Services at any time without prior notice.
• Additional charges may apply for added Authorized Users or supplemental services.

7.6. Authorized Users.

• Each Authorized User added is considered a new subscription under the Client’s plan.
• The Client assumes full responsibility for all actions or misuse by its Authorized Users.
• Subscriptions must not be shared between individuals. Reassignments require deactivation of prior access.
• All Users must maintain secure, confidential passwords for access to Engage Services.

7.7. Fees and Payment. The Client agrees to pay port4work all applicable fees for Engage Services as set forth in the Pricing Page, under the specified payment terms.

7.8. Client Responsibilities.

• Maintain the confidentiality of authentication credentials and prevent third-party access.
• Indemnify port4work against claims arising from unlawful use by its Users.
• Regularly secure and back up its own data.
• Protect its own systems from unauthorized access, viruses, or malware.

7.9. Subscription Term and Termination.

• The Subscription Term begins on the Effective Date and continues until terminated.
• Either party may terminate the plan with 30 days’ written notice, effective from the next calendar month.
• port4work may terminate immediately in cases of non-payment, fraud, legal violation, or if the Client no longer holds a valid account.
• We may modify Subscription Plans at any time. The Client will be notified at least 10 days in advance and may terminate the plan during that window if desired.

7.10. Indemnity. The Client shall indemnify port4work and its affiliates for any damages, costs, or legal claims resulting from misuse of Engage Services by the Client or its Authorized Users.

7.11. Conflict of Terms. In case of any conflict or inconsistency between these Engage-specific provisions and the general Terms, the provisions under this Section 7 shall take precedence regarding the Engage Services.

8. Payment Methods

8.1. Third-Party Payment Providers. Except as explicitly stated in Contractor-specific terms, port4work is not a bank, escrow agent, or financial institution, and does not offer deposit, insurance, or money storage services. Payment operations on the Platform are carried out through third-party payment service providers (“Payment Service Providers”), which may include gateways, processors, acquirers, and other licensed entities.

These Payment Service Providers are solely responsible for processing transfers and withdrawals. Availability of payment methods may vary based on your location, and port4work does not guarantee that any particular method will be available. You may be required to enter into a separate agreement with a Payment Service Provider, which governs your use of their services independently from port4work.

port4work is not a party to those agreements and shall not be held responsible for any issues, disputes, or losses arising from your use of third-party payment services. All such risks and any associated fees remain your sole responsibility.

8.2. Supported Payment Methods. port4work currently supports transfers via SWIFT, SEPA, and Elixir networks. You are responsible for all transaction fees, including wire transfer fees, insufficient funds charges, currency conversion fees, and any additional banking costs incurred by your financial institution or the Payment Service Provider. Non-Client Users are not charged by port4work for payment processing, but third-party fees may still apply.

8.3. Collection of Payment Information. In compliance with anti-money laundering (AML), fraud prevention, and regulatory requirements, both port4work and our Payment Service Providers may collect and analyze your payment data. Except for transaction amounts and statuses stored in your Account, port4work does not have access to sensitive payment information submitted to Payment Service Providers. Use of such services is governed by their respective privacy policies.

8.4. Authorization of Payment Use. By providing payment information to port4work or a Payment Service Provider, you confirm that you are either the account holder or have full legal authority to act on behalf of the account owner. You warrant that you are authorized to make and receive payments using the details provided and that your use of the account is lawful and compliant.

9. Payment Plan

9.1. If you are a Client, some Services may require payment in accordance with one of the payment options available on the Platform (each, a “Payment Plan”). You agree to pay port4work the fees associated with your selected Payment Plan. A separate invoice will be issued and uploaded to your Account.

9.2. If you use a debit or credit card, or wire transfer (each, a “Card”) to pay for your Payment Plan:

• Foreign Transaction Fees: You are responsible for any fees charged by your issuing bank, including foreign transaction fees.
• Declined Payment: If your payment fails due to expiration, insufficient funds, or other reasons, you remain liable for the outstanding amount. port4work may attempt to reprocess payment or suspend Services for non-payment.
• Recurring Billing: If you enable auto-payment, port4work may automatically charge your Payment Plan and any applicable fees to your saved payment method.

9.3. port4work reserves the right to adjust Payment Plan fees with at least 30 days’ notice before the start of your next billing cycle. If you do not agree to the new fees, you must cancel your Payment Plan at least 5 days prior to the next billing cycle by sending notice to info@darwintool.pl. Continued use of the Services after fee changes take effect constitutes acceptance of the updated terms.

9.4. Payment Plan fees exclude all taxes, including but not limited to sales, VAT, use, and withholding taxes. You are responsible for paying all applicable taxes, except for those based on port4work’s net income. If any taxes are imposed on your payment, you agree to reimburse port4work for such amounts.

9.5. port4work may, at its sole discretion, offer Free Trials of Payment Plans. To participate, you must select a plan and provide valid payment details. You may cancel before the trial ends by emailing info@darwintool.pl. If the Free Trial is not canceled, it will automatically convert to a paid plan and your payment method will be charged. port4work may delete all data associated with your trial account if the trial is canceled. We may also amend or terminate Free Trial offers at any time without notice.

9.6. Once a billing cycle begins, your Payment Plan obligation is non-cancellable for that cycle. You will not be eligible for partial refunds if you terminate before the cycle ends. All fees paid are non-refundable, though we may consider exceptional refund requests on a case-by-case basis, at our sole discretion.

10. Communications from port4work

By registering an Account, you agree that port4work may contact you in connection with the Services. This includes subscribing you to newsletters, promotional materials, or other communications. You may opt out of marketing communications at any time by clicking the unsubscribe link or following instructions in the email. However, system-related messages or service notifications may still be sent even after you unsubscribe from marketing emails.

11. Electronic Signatures and Legal Notices

11.1. You agree that electronic signatures, or any electronic process indicating agreement to terms between you and port4work or another User, will be considered legally binding to the fullest extent permitted by law. This includes use of the Platform for contract execution and digital record-keeping, as permitted by the EU Electronic Signatures in Global and National Commerce Act (E-SIGN), or any similar applicable legislation.

11.2. You consent to receive legal and transactional notices electronically and agree that such consent carries the same legal effect as a handwritten signature.

11.3. Notifications may be provided through your Account, via email, or by SMS to the contact details provided. Such notices are deemed received 24 hours after transmission. You must consent to electronic notices in order to use the Platform. Withdrawal of this consent requires closure of your Account.

11.4. You are responsible for ensuring receipt of notices. If you believe there is an issue receiving messages, contact us immediately at info@darwintool.pl.

12. Interruption of Service

From time to time, the Platform or certain Services may be temporarily unavailable due to maintenance or updates. While port4work will strive to minimize disruptions, we cannot guarantee continuous availability and shall not be liable for any direct or indirect losses resulting from service interruptions.

13. Intellectual Property

13.1. The Platform, Services, all proprietary features, functionalities, code, design, and non-User Content are the exclusive property of port4work and its licensors. This content is protected under applicable copyright, trademark, and other intellectual property laws. You may not use our marks or branding without written consent. You also agree not to reproduce, distribute, modify, or otherwise exploit any content from the Platform unless expressly permitted.

13.2. By submitting User Content, you grant port4work a worldwide, non-exclusive, royalty-free, perpetual license to use, distribute, modify, and display such content on the Platform and Services. This includes creating derivative works, public display, performance, and sublicensing, in any media or format.

14. Data Protection

14.1. You acknowledge that port4work may collect, store, and process your personal data in connection with your use of the Platform. We are committed to handling your data in compliance with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and any other relevant local legislation.

All User rights and obligations concerning personal data are governed by our Data Processing Addendum ("DPA"), which forms an integral part of these Terms. You may access the DPA here: Data Processing Addendum.

14.2. To understand how port4work manages your personal information, including collection, usage, and rights, please refer to our Privacy Policy.

15. Third-Party Services

15.1. Our Platform ma use hird-party services that are not owned or operated by port4work.

15.2. We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party services

15.3. You acknowledge that port4work is not liable for any loss or damage caused by such third-party services

15.4. We encourage you to review the terms and privacy policies of all third-party services you interact with.

16. Termination and Suspension

16.1. We may suspend or terminate your Account at any time, without notice, for reasons including breach of these Terms, non-payment, prolonged inactivity, fraud, or other conduct contrary to the interests of port4work or our Users.

16.2. We reserve the right to investigate suspected violations and cooperate with competent legal authorities within the EU or your jurisdiction.

16.3. You may request Account closure by contacting us at info@darwintool.pl. We will process your request within a reasonable timeframe.

16.4. Certain sections of these Terms will remain in force after termination, including those related to Intellectual Property, Limitation of Liability, and Confidentiality.

17. Indemnification

You agree to indemnify and hold harmless port4work, its affiliates, employees, and partners from any claims, damages, or liabilities resulting from your use of the Services, breach of these Terms, or violation of any agreement or law.

18. Force Majeure

We are not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, governmental restrictions, cyberattacks, strikes, or infrastructure failures.

19. Limitation of Liability

19.1. We are not liable for technical failures, data errors, or damages resulting from your use of the Platform or reliance on any content or services.

19.2. To the maximum extent permitted by applicable EU law, port4work is not liable for indirect, incidental, or consequential damages, including lost data, revenue, or goodwill, even if we were advised of such possibility.

19.3. Our total liability to you is limited to the greater of: (a) the amount you paid to us in the three months before the event, or (b) €500.

20. Jurisdictional Exclusions

If any laws in your jurisdiction do not permit some of the limitations stated above, those limitations may not apply to you.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia or another applicable EU jurisdiction, unless otherwise agreed in writing.

22. Dispute Resolution

We encourage you to resolve any disputes with us amicably. If a resolution cannot be reached, the dispute shall be referred to binding arbitration under the rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry (or a comparable EU arbitration body), conducted in English or the language agreed by the parties.

23. Confidentiality

You agree to treat any non-public information shared between you and port4work as confidential. This includes proprietary data, pricing, and account details. Confidential information may only be disclosed if legally required or with prior consent.

24. Miscellaneous

24.1. We may update these Terms at any time. Continued use of the Services after changes take effect indicates your agreement to the updated version.

24.2. If any provision is deemed unenforceable, it shall be replaced with a valid alternative that closely reflects the original intent.

24.3. We may assign our rights and obligations under these Terms without notice. You may not assign your rights without our written consent.

24.4. Failure to enforce any part of these Terms does not constitute a waiver of our rights.

25. Contact Us

For questions regarding the Platform, your Account, or these Terms, you can reach our support team at any time via info@darwintool.pl.