TERMS AND CONDITIONS

IMPORTANT: PORTVIAS MAKES THIS APP AVAILABLE TO YOU FOR USE, SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AND DO NOT ACCEPT IT, YOU MAY NOT USE THIS APP. BY SIGNING THIS END USER LICENSE AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AND AGREE TO BE BOUND BY THE GENERAL TERMS AND CONDITIONS SET FORTH HEREIN.
TO THE EXTENT PERMITTED BY LAW, NEITHER PORTVIAS NOR ANY OF ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, CONTRACTS, LOSS OF DATA OR PROGRAMS, COSTS OF RECOVERING SUCH DATA OR PROGRAMS, OR INACCURACIES OR OMISSIONS IN THE INFORMATION RECEIVED BY YOU.

I. PURPOSE

1.1 This License establishes the General Terms and Conditions for the use of the App and the Website that Portvias – Portagem de Vias, S.A. (“PORTVIAS”) is entitled to exploit, and for certain services accessory to the App.
For the purposes of the present End User License Agreement, the User is granted with a license to use the App, for the payments management on the toll roads managed by PORTVIAS in Portugal. For the purposes of the License, the App shall also include any new versions, updates, revisions, modifications, releases and fixes of the App that the User may receive separately following the subscription of this License.
Your access to and use of the App is conditioned upon your acceptance of and compliance with the present General Terms and Conditions. These General Terms and Conditions apply to all users and others who wish to access or use the App.
Finally, the User warrants that PORTVIAS has informed it how the App operates and the minimum necessary technical requirements for using it, and it warrants as well that its equipment and network meet those requirements.

1.2 The following General Terms and Conditions will have the following meanings for purposes of this License:

II. LICENSE

2.1 PORTVIAS hereby grants the User a limited license to access and use the App, for the purposes of managing the payment of the toll roads managed by PORTVIAS in Portugal, and the User wishes to accept it, in accordance with the present General Terms and Conditions.

2.2 Therefore, by means of this License, PORTVIAS grants only the User a limited, non-transferable, non-sub-licensable and non-exclusive license to use the App. The User agrees to take the necessary steps to implement and/or adapt the technical requirements of its hardware and/or software, and/or to acquire the necessary hardware and/or software to enable the proper functioning of the App. Information on compatibility will be available to the User through the corresponding section on the App Store and the Google Play Store and this information may be modified and/or updated by PORTVIAS at any time.

III. INTELLECTUAL PROPERTY RIGHTS

3.1 These General Terms and Conditions neither warranty nor grant to the User rights of any kind in the App; therefore, as explicitly described in these General Terms and Conditions, the User acquires no intellectual property rights (including, but not limited to, rights relating to copyright, patents, trademarks, formulas, software (source code and object code), original or sui generis databases, trade secrets, etc.) of any kind in relation to the App other than the right to use it as set forth in this License, in a non-exclusive and non-transferable basis. PORTVIAS expressly reserves all those rights and thus retains all rights in any original or sui generis databases generated from the use of the App.

3.2 The use of the App is subject to the General Terms and Conditions and this License, an updated version of which is available on the legal terms section of the App. The User will visit that webpage and read and acknowledge the terms and conditions published therein from time to time, which will be understood to have been accepted when the User requests the use of the App or accesses it for the first time, which will be deemed an unequivocal sign that it has accepted the General Terms and Conditions of the App established by PORTVIAS.

3.3 PORTVIAS will notify the User of any substantial changes to the General Terms and Conditions at least 15 days before the new terms and conditions take effect The User will be understood to have accepted the changes to the General Terms and Conditions of the App if it has not raised any objections during that time period or if it continues using the App after that time.

IV. ACCOUNT CREATION

4.1 When the User creates an account in the App (hereinafter, the “User Profile”), he/she guarantees that the User is above the age of 18, and that the information provided for that end is true, accurate and up-to-date. In addition, the User will be responsible at all times for any inaccurate, imprecise and out-of-date information provided for the creation of the User Profile.

4.2 The User shall be responsible for maintaining the confidentiality of the User Profile and password, including but not limited to restricting access to the device from which the User access the App. The User accepts responsibility for any and all activities or actions that occur under the User Profile and/or password. The User must notify PORTVIAS immediately upon learning of any security breach or unauthorized use of the User Profile.

4.3 The User shall refrain from using as a user name the name of another person or entity, or one that is not legally available for use, a name or trademark that is subject to any right of a person or entity other than the User, without proper authorization. In addition, the User shall refrain from using as a user name any name or word that is offensive, vulgar or obscene. In this sense, PORTVIAS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel payments in our sole discretion.

V. PAYMENTS

5.1 PORTVIAS allows the management of automatic toll payments through the App, or through its website https://www.slorapp.com/pt/pt/ (the “Website”).

5.2 For payments through the App, PORTVIAS accepts the following payment methods: credit and debit cards. The User will be asked to choose and include details on the payment method to be used in the course of the registration process for using the App. The User can also modify your payment method at any time, through the App. If the User is not allowed to register the card, please check with the issuer bank, as they may not have activated the unauthenticated e-commerce transactions on the card.

5.3 When the User wishes to make payment for any of the services available through the App, the User may be asked to provide certain information relevant to the payment including, User information, personal information such as User account or profile information, vehicle information, vehicle enrolment period information, wallet transaction information, toll transaction information, and GPS data. For App registered Users, every 24 hours the highway processing system will send information to the Payment Gateway (as referred in paragraph [5 .7] below) to process the payments of outstanding trips automatically.

5.4 The User is also allowed to process payments through the Website using the following payment methods: debit and credit card MB Way. No prior registration of the User is required. The User will be allowed to consult outstanding toll payments through the Website, by introducing the vehicle registration number and could chose to proceed with their payment through the Website, including the payment method information requested. Payments for services may only be made via the Website when the User is not registered on the App or, if registered, the User may only make payments via the Website for journeys prior to the registration as a User on the App.

5.5 Once the payment has been duly executed (by means of the App or the Website), the [sistema de procesamiento de autopista] will generate an invoice that will be sent automatically to the email address provided in the registration process through the App or, for payments through the Website, the email provided together with the payment information.

5.6 The User represents and warrants that: (i) has the legal right to use any credit card(s) or other payment method(s) in connection with any payment; and that (ii) the information provided through the App is accurate, correct and complete.

5.7 PORTVIAS may employ the use of third-party services (the “Payment Gateway”) for the purpose of facilitating payment and its completion. The transactions will be carried out in a secure environment, pursuant to the applicable legislation in force. By submitting the User information, the User grants PORTVIAS the right to provide the information to these third parties, subject to our Privacy Policy, including the right to share certain User information and/or personal data, in order to proceed the relevant payments.

For additional information about the personal data that PORTVIAS collects and how such data is used, please see our Privacy Policy.

VI. DURATION OF THE LICENSE

6.1 This License is granted for the time the User uses the App and maintains the User Profile active. PORTVIAS may cancel or suspend the User Profile and restrict access to the App immediately, without notice or liability, in its sole discretion, for any reason and without limitation, including but not limited to a breach of this General Terms and Conditions.

6.2 In the event that User wishes to cancel his or her account, he or she may simply cancel his User Profile through the options enabled in the App. PORTVIAS may continue to maintain the User Profile personal data and information to the extent permitted by PORTVIAS’s Privacy Policy.

6.3 All provisions of the terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers of warranty, indemnification, and limitations of liability.

VII. USER OBLIGATIONS

7.1 By signing and/or completing the Payment, the User agrees:
• To duly pay the corresponding fees for the modalities and services contracted in a timely manner.
• To observe the App and Website’s intellectual property rights.
• To use the App in the terms set forth in the General Terms and Conditions and in this License.
• To have in place the technical and computing equipment needed to be able to use the App in the terms notified by PORTVIAS.

VIII. WARRANTY, INDEMNIFICATION AND LIMITATION OF LIABILITY

8.1 PORTVIAS provides the App to the User “as is”, with no warranty of any kind. In consequence, the User waives all express or implied warranties, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, to the extent permitted by the applicable consumer and user legislation.

8.2 The User will bear full liability and will indemnify and hold PORTVIAS harmless against all liability arising from use of the App or arising from any act or omission by the User in accordance with this License.

8.3 To the extent permitted by law, PORTVIAS’ liability under or in relation to this License (including damages), whether from negligence, breach of contract, or any other cause, will be limited to the payments satisfied by the User through the App in the last year.

8.4 To the extent permitted by law, PORTVIAS will not be liable for any direct or indirect loss (a) of profits, (b) of savings, (c) of goodwill, (d) of reputation, (e) of revenue, (f) of anticipated savings, (g) of business opportunity, (h) of data uploaded to the App, or (i) any other pure economic loss; nor will it be liable for any special, indirect, consequential, or incidental losses or damages of whatever kind or nature, regardless of whether they arise from breach of contract, breach of warranty, tort, strict liability, negligence, or any other cause, even if PORTVIAS has been advised of the possibility of such loss or damage or such loss or damage was reasonably foreseeable.

8.5 PORTVIAS declines all liability in the following cases:
• Breach by the User of any of the stipulations in this License.
• Improper or negligent use of the App.
• Loss of unrecoverable information (including the loss of data relating to the App).
• Any type of indemnity claim for damages made by the User arising from the availability of the App.

8.6 The User will assess, review, confirm, and compare the results obtained in guides, models, own sources, other types of analysis, etc. when using the App, and the User will be responsible for their use at all times.

8.7 In particular, with regard to use of the App, PORTVIAS makes no guarantee that:
• The App will always be secure, appropriate, uninterrupted, or error free.
• The App will operate in combination with any other hardware, application, system, or any form of data.
• The App will meet the User’s requirements or expectations.
• The stored data will be accurate and reliable.
• The mathematical models and algorithms employed by the App are defect free.
• The service(s) provided by other telecommunications operators that make PORTVIAS’s App available will be operational or will not contain defects or other harmful components.

8.8 PORTVIAS’s App may be subject to limitations, delays, or other incidents inherent to use of the Internet and electronic communications. PORTVIAS will not be liable for any damage arising from such incidents.

IX. SERVICE-LEVEL AGREEMENT

9.1 PORTVIAS will make every commercially reasonable effort to ensure the continuity and availability of the services. For information purposes, PORTVIAS will supervise the availability of those services during business hours, Monday to Friday.

9.2 PORTVIAS will make every effort to resolve incidents affecting the services that may occur, to the extent that this is within the scope of the technical and human resources available to PORTVIAS and the User fulfils the stipulations set forth in these General Terms and Conditions.

X. REFUND POLICY

10.1 Given that the use of the App and the Website is not subject to the payment of a compensation, and taking into consideration its functionalities, we hereby inform you that we do not have a return policy. If you wish to make a claim regarding the payment of the tolls you should contact: apoioaocliente@portvias.pt

XI. ADDITIONAL SECURITY MEASURES FOR THE USER’S PERSONAL DATA

11.1 PORTVIAS employs reasonable measures designed to protect the App’s operating environment from unauthorised accesses and other threats, which includes the following capabilities:
• A secure data storage with access restricted to authorised personnel protected multilevel security systems (AWS). Supervised access by other people for specific needs (for example, to perform maintenance tasks on hardware components). In this sense, the User’s personal data shall be stored in secure directories that require access authentication.
• PORTVIAS will configure the App so that, in the event of a server failure or unavailability, a back-up system will be automatically activated in real time to ensure that there will be no downtime as a consequence of such failure.
• PORTVIAS makes recurring backup copies of the data uploaded by the User. The backup copies are stored until the contractual relationship has ended.
• PORTVIAS’s App contains antivirus protection App. Where the App has been found to have been impaired by a virus or the like, PORTVIAS will make every commercially reasonable effort to restore the App as soon as possible.
• PORTVIAS will supply sufficient server capacity to provide a proper operating environment for the App.

XII. FORCE MAJEURE

12.1 Should a force majeure event beyond the control of the parties occur and interfere with or prevent performance by either of the parties of its respective obligations, no breach of contract will be considered to have taken place, nor will it entitle either of the parties to claims or damages arising as a result.

XIII. DATA PROTECTION

13.1 In accordance with current data protection legislation, PORTVIAS informs the User that the personal data exchanged in the context of the contractual relationship will be processed by PORTVIAS as the data controller for that processing, the purpose of the processing being proper performance and furtherance of the existing contractual relationship. The contractual relationship is the lawful basis for the processing. The data in question will not be transferred to third parties.

13.2 To handle the payments on the toll roads, the entity which manages the toll road will communicate PORTVIAS the data related with the payment. In addition, once made the payment by the User through the App, PORTVIAS will communicate to the entity which manages the toll road all the data needed to issue the corresponding invoice.

13.3 PORTVIAS will process the personal data while the relationship with the User lasts, and after it has ended, PORTVIAS will store them, duly protected, for the period in which liabilities could arise for either as a consequence of processing of the data and for the compliance with legal obligations to which PORTVIAS may be subject.

13.4 PORTVIAS further agrees to ensure compliance with current data protection legislation. In addition, the User may exercise its rights to access, rectification, erasure, restriction, or portability of its data on giving formal notice to the email: pedidos_rgpd@A23bi.pt. Also, the User will be entitled to submit a complaint to the Portuguese Data Protection Commission (Comissão Nacional de Proteção de Dados).

13.5 PORTVIAS agrees to observe the duty of secrecy and the duty to keep the data disclosed confidential and to pass those same duties onto all those persons (employees, subcontracted personnel, interns, etc.) or entities that have access to the data in the performance of their functions and obligations in respect of the services received.

13.6 To the extent that it is necessary to provide the services, the User expressly authorise PORTVIAS to provide to the relevant authorities with certain User information and/or personal information. This information may consist of: (i) name; (ii) vehicle number plate; (iii) the amount of the toll payment that is being paid through the User’s account; and (iv) the location of the toll that is being paid by the User.

13.7 The relevant authorities shall have the right to maintain User information to the extent that is permitted by law. Such User information may or may not include personal data. User Information that is maintained by the relevant authorities will not be provided to PORTVIAS.

13.8 Within the scope of the interconnection of toll collection portals, with the purpose of enabling users, on a single platform, to be able to consult, on a transversal and voluntary basis, all outstanding tolls and make the respective payment, in relation to the various portals, the following entities are jointly responsible for the processing, specifically, under the terms of the provisions of article 26(1) of the GDPR, Ascendi O&M S.A., Portvias – Portagem de Vias, S.A., ViaLivre, S.A. and Via Verde Portugal – Gestão de Sistemas Eletrónicos de cobrança, S.A. .

13.9 Personal Data is processed in accordance with the principles enshrined in Article 5 of the GDPR, in particular the principle of data minimisation and purpose limitation. The legal basis for the processing is the consent of the data subject. The categories of data processed are: identification data, contact data, vehicle data, billing data and outstanding amounts. The categories of data subjects are the users of the Parties’ portals, mentioned above.

13.10 Under the terms and within the limits of the applicable legislation, data subjects may exercise their rights (access, rectification, erasure, limitation, limitation, portability and opposition) in relation to any of the controllers, using the means available in the respective privacy policies. By the same means and at any time, the consent given may be withdrawn, without this compromising the lawfulness of the processing until that moment.

13.11 The data will be kept for a period of 90 (ninety) days after the request for consultation for the purpose of tracking operations and responding to any requests from the data subjects.

13.12 For these purposes, the Controllers have signed a joint responsibility agreement pursuant to the provisions of art. 26(1) of the GDPR, in which their respective responsibilities have been established and the essence of which, pursuant to no. 2 of the aforementioned article, may be consulted HERE.

13.13 To the remaining characteristics inherent to this processing operation, the remaining provisions set forth in the privacy policies of each controller shall apply.

XIV. APPLICABLE LAW AND JURISDICTION

14.1 These General Terms and Conditions have been construed in accordance with the Laws of Portugal, the applicable law to this End User License Agreement.

14.2 Any dispute, demands or claims arising from these General Terms and Conditions shall be governed by the provisions of the applicable European Union Regulations and International Treaties on international jurisdiction.