Terms of service

The short version

This is the agreement between you and us for using Pordiya. The whole thing is below; here is what it says.

• You pay monthly, or nothing at all on the free plan. You can cancel at any time, with no notice period and no phone call.
• Payment is handled by Paddle, who is the seller of record. Tax is included in what you are charged.
• Your data is yours. You can export it whenever you like, including after you leave.
• We will keep the service running and tell you honestly when we cannot.
• Do not use it to break the law or to harm other people. That is most of the acceptable-use section.
• If we suspend an account for non-payment it becomes read-only. We do not delete your work to make a point.

1. Who this is between

These terms are between [YOUR NAME OR REGISTERED BUSINESS NAME — set this in Appearance → Customize → Pordiya → Legal], a sole proprietor based at [BUSINESS ADDRESS — set this in Appearance → Customize → Pordiya → Legal], La Trinididad, Philippines, Philippines ("we", "us", "our"), and the person or business that opens an account ("you").

By creating an account you accept these terms. If you are accepting them for a business, you confirm you have authority to bind it.

You must be at least 18 and able to enter a contract.

2. The service

Pordiya is web-based software for managing a trade business — quoting, scheduling, invoicing and record keeping. It is provided as a service over the internet at app.pordiya.com. There is nothing to install and no licence to a copy of the software.

Where it is offered. Pordiya is offered in Australia, New Zealand, the United States and Canada. It is not offered in the United Kingdom or the European Economic Area, and we do not knowingly open accounts for businesses established there. You may use the app while travelling; that is different from running your business from a territory we do not serve.

We may add, change or remove features. Where a change removes something you depend on, we will give you at least 30 days’ notice by email and you may cancel without penalty.

Pordiya is not accounting software, not legal advice and not tax advice. It calculates tax on documents using the rates you set. Getting those rates right is your responsibility, and so is checking that the documents it produces meet the requirements of your tax authority.

3. Your account

You are responsible for what happens on your account. In particular:

• Keep access to the email address you sign in with. Anybody who can read that inbox can sign into your account, because sign-in is by emailed link.
• Remove people from your crew when they leave. We cannot know that somebody has left.
• Tell us promptly at hello@pordiya.com if you believe your account has been accessed by somebody who should not have.

Each person on the account signs in as themselves. Sharing one login between people is not permitted, and it defeats the record of who did what.

4. Plans, prices and billing

Current plans and prices are on our pricing page. In summary: a free plan limited by the number of invoices per month, and paid plans billed monthly in advance.

Who you are paying

Payments are processed by Paddle.com Market Ltd, who acts as the merchant of record — meaning Paddle, not us, is the seller for your purchase. Your order is subject to Paddle’s buyer terms as well as these. Paddle handles the payment, the tax and the receipt; we handle the service.

This arrangement is why the price you are shown already includes any sales tax, GST or VAT that applies where you are. Paddle registers for and remits that tax.

The rest

• Billing period. Monthly, from the day you upgrade, until you cancel.
• Currency. You are billed in the currency for the country your business is in — Australian dollars, New Zealand dollars, US dollars or Canadian dollars. Prices are set locally, not converted at checkout.
• Failed payments. Paddle will retry and email you. If payment has not succeeded after 30 days we may make the account read-only — see section 8.
• Price changes. At least 30 days’ notice by email. If you do not accept a price change, cancel before it takes effect and you will not be charged the new amount.
• Refunds. Refund requests are handled through Paddle under their buyer terms. We do not refund part months as a matter of course, but if we materially fail to provide the service, contact us and we will sort it out fairly.
• Downgrades. Take effect at the end of the current period. Records above a lower plan’s limits are never deleted; you may be prevented from creating new ones until you are back within the limit.

5. Your data

Everything you put into Pordiya remains yours. We claim no ownership of your clients, jobs, quotes, invoices or documents.

You grant us a limited licence to store, copy, transmit and display that data — only so far as is needed to provide the service to you, to back it up, and to support you when you ask. That licence ends when you delete the data or close your account.

We will not use your business records to train machine-learning models, sell them, share them with advertisers, or publish anything identifying you or your customers without your written permission.

You are responsible for the data you put in: that you are entitled to hold it, that holding it complies with the privacy law that applies to you, and that you have told your own customers what they need to be told. Where we process your customers’ personal data on your behalf, Schedule 1 applies.

Export. You can export your records at any time from inside the app, including during a suspension and for 30 days after closing your account.

6. Our software

The software, its design, the documentation and the Pordiya name and marks remain ours. Your subscription is a right to use the service, not a transfer of anything.

You may not copy, decompile or reverse-engineer the software, resell access, or use it to build a competing product. You may of course use it to run your business, including on behalf of your clients.

If you send us feedback or a suggestion, we may act on it without owing you anything. We appreciate it, and we would rather receive it than not.

7. Acceptable use

Do not use Pordiya to:

• break the law, or help anybody else to
• send unsolicited bulk email, or invoices to people who owe you nothing
• store data you have no right to hold
• impersonate somebody else, or misrepresent who is billing a customer
• attempt to access another account, probe our systems, or interfere with the service for anybody else
• resell access, or share one account across separate businesses
• place unreasonable load on the service through automated means — the API has published limits and they are there for everyone’s benefit

Security research is welcome, and testing in good faith against your own account is not a breach of this section. Tell us what you find at hello@pordiya.com.

8. Suspension and closing an account

You can leave whenever you like

Cancel from inside the app. No notice period, no phone call, no exit interview. You keep access until the end of the period you have paid for. Export your data before or within 30 days after.

What suspension means

If an account is suspended — for non-payment, or for a breach of section 7 — it becomes read-only. You can still see everything, still export everything, and your customers can still view and pay invoices you have already issued. What stops is creating and issuing new documents.

We do not delete your work to enforce payment, and nothing is suspended automatically on a timer: a person makes that decision and it is recorded.

Notice

Except where the law requires otherwise or where there is a serious and immediate risk, we will email you before suspending an account and give you a chance to put it right. For non-payment that is at least 30 days after the first failed payment.

Closing your account

We may close an account with 30 days’ notice, or immediately for a serious breach of section 7 or where required by law. If we close your account other than for a breach, we will arrange a refund of the unused part of the period you have paid for. You will have 30 days to export your data.

9. Availability and support

We aim to keep Pordiya available at all times and we do not promise it will be. There is no service-level agreement on any plan; if that is a requirement for you, we are not the right supplier and would rather say so here than after you have signed up.

Planned maintenance is announced in advance where we reasonably can, and scheduled outside business hours where possible. The app is built to keep working offline, which covers many short interruptions without you noticing.

Support is by email at hello@pordiya.com, in English, Spanish or Russian. We reply within one business day. Crew plans get priority.

Backups. We take them daily. They protect against our failures, not against you deleting something on purpose — so export your own copy periodically if the data matters to you, and it does.

10. What we promise, and what we do not

We promise that we will provide the service with reasonable skill and care, and that we have the right to provide it to you.

Beyond that, and to the fullest extent the law allows, the service is provided "as is". We do not warrant that it will be uninterrupted or error-free, that it will meet every requirement you have, or that the tax calculations produced with the rates you set will satisfy every authority you deal with.

Nothing in these terms excludes any right you have under consumer protection law that cannot lawfully be excluded. If you are a consumer in Australia, New Zealand, Canada, a United States jurisdiction with equivalent protections, or under the Consumer Act of the Philippines, those rights stand alongside this agreement and are unaffected by it.

11. Limits on liability

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, and to the fullest extent the law allows:

• Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of business, or loss of anticipated savings.
• Our total liability arising out of this agreement in any 12-month period is limited to the greater of the amount paid for the service in that period, or US$100.

That limit is low, and it is low because the price is low. It is the ordinary bargain for software at this price, and if your business needs a supplier carrying more risk than that, you should buy from one that charges accordingly.

12. Indemnity

You agree to cover us against claims, losses and reasonable legal costs arising from your use of the service in breach of these terms, from data you put into it that you were not entitled to hold, or from your failure to meet your own obligations to your customers.

We will tell you promptly about any such claim, let you take conduct of the defence, and not settle it without your agreement.

13. Changes to these terms

We may update these terms. For anything material we will email account holders at least 30 days before the change takes effect, and the date at the top of this page will change.

Continuing to use Pordiya after that date means you accept the new terms. If you do not, cancel before then and the old terms govern the rest of your period.

14. Governing law and disputes

These terms are governed by the laws of the Republic of the Philippines. The courts of La Trinididad, Philippines, Philippines have exclusive jurisdiction, except that either of us may seek injunctive relief anywhere.

If you are a consumer resident elsewhere, this does not deprive you of the protection of mandatory provisions of the law of your own country, or of the right to bring proceedings there where the law gives you that right.

Talk to us first. Before starting any formal proceedings, email hello@pordiya.com setting out the problem and give us 30 days to resolve it. Most things are a misunderstanding and are cheaper to fix than to argue about.

15. General

• Whole agreement. These terms, the privacy policy and Schedule 1 are the entire agreement between us about Pordiya. Your purchase is additionally subject to Paddle’s buyer terms.
• Severability. If a court finds part of this unenforceable, the rest continues.
• No waiver. Not enforcing something once does not mean giving it up.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a company that acquires the business — including a company we later incorporate to operate Pordiya — and will tell you if we do.
• Notices. To you, at the email address on the account. To us, at hello@pordiya.com.
• No partnership. Nothing here makes either of us the other’s agent, partner or employee.

Schedule 1 — Data Processing Agreement

This Schedule applies where we process personal data on your behalf — that is, the records you hold in Pordiya about your own customers. It forms part of these terms and needs no separate signature. Where a data protection law applies to you — including the Philippine Data Privacy Act, the Australian Privacy Act, the New Zealand Privacy Act, Canadian PIPEDA, or a United States state privacy law — this Schedule is the agreement that law requires.

1. Roles

You are the controller (or business, or personal information controller). We are the processor (or service provider). You decide what personal data goes into Pordiya and why. We process it only to provide the service.

2. Subject matter and duration

We process your customers’ personal data for as long as your account is open, plus the retention periods in the privacy policy.

Categories of data subject: your customers, their staff and site contacts, and the members of your own crew.
Categories of personal data: names, business names, postal addresses, site addresses, email addresses, phone numbers, job descriptions and notes, photographs taken on site, amounts invoiced and paid.
Sensitive personal information: none is required by the service, and you should not enter any.

3. Our obligations

We will:

• process personal data only on your documented instructions — using the service is your instruction — unless the law requires otherwise, in which case we will tell you first if we are permitted to
• ensure that everyone we authorise to access it is bound by confidentiality
• apply the technical and organisational measures described under Security
• help you respond to requests from data subjects, and to your own obligations on security and breach notification, taking into account what we know and what you can see yourself in the app
• notify you without undue delay, and in any event within 72 hours, of becoming aware of a personal data breach affecting your data
• delete or return your personal data at the end of the agreement, in accordance with the retention periods, unless we are required to keep it
• make available the information reasonably needed to demonstrate compliance with this Schedule, and allow an audit no more than once a year on 30 days’ notice, at your cost, subject to confidentiality and to not disrupting other customers

4. Sub-processors

You give general authorisation for the sub-processors listed in the privacy policy. We will update that list before appointing a new one, and on request will notify paying customers in advance so there is an opportunity to object. If you reasonably object and we cannot offer an alternative, you may cancel without penalty. We remain responsible to you for our sub-processors’ acts and omissions.

5. Where processing happens

Data is stored in Singapore and processed by us from the Philippines. Our sign-in and payment providers are in the United States and the United Kingdom. The Philippines has a comprehensive data protection law, the Data Privacy Act of 2012, under which we are accountable for personal data transferred to us.

Pordiya is not offered in the United Kingdom or the European Economic Area, so no transfer of personal data out of those territories is contemplated by this agreement. If that changes, we will put an appropriate transfer mechanism in place first.

6. Your obligations

You confirm that you have a lawful basis for the personal data you put into Pordiya, that you have given your customers whatever privacy information the law requires, and that your instructions to us will not put us in breach of a data protection law.

7. Requests from data subjects

If one of your customers contacts us directly about their data, we will not respond substantively. We will tell them to contact you, and tell you that they got in touch. Most of what they might ask for you can see and act on yourself in the app.

8. United States terms

Where a United States state privacy law applies, we act as a "service provider" or "processor" as that law defines it. We do not sell or share personal information, we do not retain, use or disclose it for any purpose other than providing the service, and we do not combine it with personal information from other sources except as that law permits.