Terms and Conditions

1. Who we are, scope, and acceptance of the terms

1.1. Identity of the provider

Portal Orange (hereinafter, “Portal Orange”, “the Platform”, or “we”) is a digital service offered under a Software as a Service (SaaS) model, operated by ENSO MKTG LLC, with its address at 880 W 74th ST APT 103, Hialeah, FL 33014, United States.

For contact purposes:

General support: support@portalorange.com
Legal and contractual inquiries: legal@portalorange.com

The entity responsible for the service, data processing, and the contractual relationship with the user will be the one indicated above, regardless of the country from which the user accesses the service.

1.2. Digital properties covered by these Terms

These Terms govern the use of all digital properties and services operated by Portal Orange, including:

• The public website portalorange.com, where institutional, commercial, and support information is presented.
• The web application app.portalorange.com, where the SaaS Platform and all its features are accessed, including the creation, management, and scheduling of content.
• Any other domain or subdomain that Portal Orange uses in the future to offer complementary features.

Accessing any of these properties implies acceptance of these Terms as applicable.

1.3. What Portal Orange is

Portal Orange is a social media content planning, management, and collaboration platform that allows its users to:

• Organize posts through a content calendar.
• Create, review, edit, and collaborate on copy, strategies, and digital marketing materials.
• Manage clients and brands, especially for agencies and freelancers who handle multiple projects.
• Work individually or as a team, within environments managed according to permissions and roles.

The service is intended for:

• Marketing agencies,
• Freelancers and independent professionals,
• Companies, brands, and internal teams, and
• End users over 18 years of age who need to manage their digital presence.

1.4. Scope of the service and beta phase

Portal Orange can be used from any country, primarily Latin America and Spanish-speaking markets. However, the contractual relationship with the user is governed by the jurisdiction specified in these Terms.

Currently, Portal Orange is in a beta phase, which means that:

• Some features may be under development or experience frequent changes.
• There may be errors, temporary interruptions, or unexpected adjustments.
• The service’s features may be expanded, modified, or removed as the product evolves.

By using the Platform in this phase, the user acknowledges this condition and accepts that the service may not be free of failures.

1.5. Free plans and promotional trials

Portal Orange offers:

• Free plans with limited features, and
• Free trials of paid plans, which may be activated on a temporary or promotional basis according to current commercial policies.

The user acknowledges that the features of the plans may be modified, expanded, or restricted over time, with notice given in accordance with these Terms.

1.6. Acceptance of the Terms

The user agrees to be legally bound by these Terms when they:

• Create an account at app.portalorange.com,
• Click a checkbox such as “I accept the Terms and Conditions”, or
• Use any service or feature offered by Portal Orange, whether on the website or in the application.

If the user does not agree with any of the provisions set forth here, they must refrain from using Portal Orange.

When registration or use is carried out on behalf of a company, agency, or entity, the user declares that they have the necessary authority to accept these Terms on its behalf.

1.7. Minimum age and legal capacity

The use of Portal Orange is limited to people who are:

• Over 18 years of age, and
• Have sufficient legal capacity to enter into binding contracts in accordance with the laws applicable to their residence.

By registering, the user declares that they meet these requirements.

1.8. Modification of the Terms

Portal Orange may modify these Terms at any time, for reasons of legal, technical, operational, or commercial update. When relevant changes occur, Portal Orange may:

• Send a notification to the email associated with the user’s account, and/or
• Display a prominent notice within the Platform.

The most up-to-date version will always be available on the Platform. Continued use of the services after the modifications take effect will imply acceptance of the new Terms.

1.9. Official language

These Terms are originally drafted in Spanish, which will be the official and legally binding language. Translations offered into English or other languages are provided for informational purposes. In the event of a conflict between versions, the Spanish version will prevail.

1.10. Governing law and general jurisdiction

Unless specifically provided in a later section, these Terms will be interpreted and governed in accordance with the laws of the State of Florida, United States of America, without regard to conflict-of-law principles.

The section corresponding to “Dispute resolution and jurisdiction” will develop the procedural details for resolving conflicts.

2. Definitions

For the purposes of these Terms, the following concepts will have the meaning indicated below. If in the future Portal Orange incorporates new features, these definitions will be interpreted consistently with their original purpose.

Client

A natural or legal person who contracts a Portal Orange usage plan, whether free or paid. The Client may be a brand, a company, an agency, an independent professional, or an individual user. The Client is the entity with which the contractual relationship is formalized.

Account

A record created on the Platform by the Client or by the account owner to access Portal Orange’s services. Each account corresponds to a single space, unless Portal Orange indicates otherwise in future versions of the service.

Account owner

The main user who creates the account and has full administrative control over the space, the brands, and the authorized users linked to that account. They have the authority to invite, modify, or remove authorized users, as well as to contract or modify subscription plans.

Spaces

Work environments linked to an account, within which the Client can manage brands, authorized users, calendars, and activities related to content planning. A space belongs to a single account and may contain one or several brands.

Brand

An entity or project managed within a space. A brand may be a company, business, product, service, branch, or commercial identity. Each brand can connect with one social network of each type available on the Platform (for example, a Facebook page, an Instagram account, a TikTok account, etc.).

Authorized users

People invited by the account owner to collaborate within a space. Authorized users may have different roles and permissions, which determine what actions they can perform within the Platform. The Client is responsible for the activities of its authorized users.

Social networks

External platforms with which a brand can integrate from Portal Orange to create, schedule, or publish content. Currently, the supported networks include Facebook, Instagram, and TikTok. The availability of each integration may vary according to the policies of the external platforms and Portal Orange’s future implementations.

Subscription plans

Access modalities for the Platform, which may include free plans, paid plans, or promotional free trials. Each plan grants different levels of features and usage limits.

Platform

The set of digital services operated by Portal Orange, including the website portalorange.com, the web application app.portalorange.com, and any related subdomain or future service.

Content

Texts, images, videos, creative materials, data, information, or campaigns generated, stored, uploaded, or managed by the Client or by authorized users within the Platform.

External or third-party platforms

Services or systems operated by entities other than Portal Orange, such as social networks, content management tools, or any service that requires an external integration. Their operation depends exclusively on the policies and availability of those third parties.

3. Account and user registration

3.1. Requirements to create an account

To use the Platform, the user must register by providing truthful, complete, and up-to-date information. Portal Orange may request email verification to activate the account and enable access to the corresponding space. Failure to verify may prevent the full or partial use of the features.

3.2. Account owner and authorized users

The person who creates the account becomes the account owner and receives full administrative control over the space, the brands, and the authorized users added later. Authorized users will only be able to access the features that correspond to the assigned role. The Client is responsible for all activities carried out within their space, both by the account owner and by their authorized users.

3.3. Credential security

The user is responsible for maintaining the confidentiality of their access credentials and for avoiding sharing them with third parties. Portal Orange is not responsible for unauthorized access resulting from the sharing, loss, or disclosure of credentials. The user agrees to immediately notify any unauthorized use or suspicion of a security breach.

3.4. User obligations

The user agrees to use the Platform lawfully and in accordance with these Terms. It is strictly prohibited to:

• a) publish or manage illegal, offensive, defamatory, discriminatory content, or content that infringes the rights of third parties
• b) use the Platform to send spam, fraud, scams, or unauthorized communications
• c) attempt to access, interfere with, or manipulate spaces, brands, or data belonging to other Clients
• d) carry out actions that affect the security, stability, or operation of the Platform
• e) use integrations with social networks that do not belong to the user or over which they have no authorization
• f) attempt to circumvent technical, usage, or security limits defined by Portal Orange
• g) carry out reverse engineering, decompilation, or any similar action on the Platform

Portal Orange may update or expand this list of prohibitions when it considers it necessary to ensure the security and correct operation of the service.

3.5. Suspension and deletion for breach

Portal Orange may temporarily suspend or permanently delete an account, without prior notice, when it detects:

• a) fraudulent or unlawful activities or activities that breach these Terms
• b) serious security risks to the Platform or to other users
• c) improper use of integrations with social networks or violation of their policies
• d) system abuse, unauthorized automation, or use that affects the stability of the service

In cases of suspension, Portal Orange may request clarifications before restoring access. Suspension or deletion does not give rise to a right to refunds, except as provided by applicable law.

3.6. Voluntary account deletion

The user may delete their account directly from the Platform. Once the process is completed, the account and its access will be irreversibly disabled, and the user will not be able to recover them. Some data may be kept temporarily for legal reasons, audits, fraud prevention, backups, or technical obligations, without this implying availability for the user.

3.7. Data retention after deletion

Even if the account is deleted at the user’s request or for breach, Portal Orange may keep certain records necessary to:

• a) comply with legal obligations
• b) resolve disputes
• c) prevent unlawful activities
• d) address internal or third-party audits
• e) maintain integrity in backup systems

This data will be processed in accordance with the applicable Privacy Policy and will be deleted when there is no longer a legal or technical justification for keeping it.

3.8. Restricted access based on location or third-party policies

Portal Orange may limit or restrict access to the service from certain countries or territories when there are legal, regulatory, or technical requirements, or due to restrictions of integrated external platforms (such as social networks or API providers). The scope of the integrations will depend on the policies of each external platform and may vary without liability for Portal Orange.

3.9. Limitations inherent to the beta phase

Since the Platform is in a beta phase, the user acknowledges that there may be failures, temporary interruptions, errors, non-critical data loss, or changes in functionality. Portal Orange will make reasonable efforts to maintain the stability of the service, but does not guarantee the absence of incidents during this stage. The user accepts these limitations as a natural part of the continuous development of the product.

4. Platform services and features

4.1. General description of the service

Portal Orange offers tools to plan, create, manage, and collaborate on content intended for social networks. The available features include, among others, publishing calendars, brand management, invitation of authorized users, organization of spaces, creation of strategies, and use of integrations with external platforms. The specific features of the service will depend on the subscription plan contracted by the Client.

4.2. Social media integrations

The Platform allows connecting brands with different compatible social networks, such as Facebook, Instagram, and TikTok, in order to facilitate the creation, scheduling, or publishing of content. The use of these integrations is conditioned on compliance with the policies of each social network and may be limited by changes, restrictions, or unilateral decisions of those third parties. Portal Orange does not guarantee the availability, stability, or permanence of any external integration.

4.3. Service availability

Portal Orange will make reasonable efforts to keep the Platform operational and accessible, except for interruptions necessary for maintenance, updates, technical failures, force majeure, or situations outside Portal Orange’s reasonable control. The user understands that, especially during the beta phase, there may be temporary interruptions without liability for Portal Orange.

4.4. Updates and improvements

Portal Orange may modify, add, or remove features at any time with the aim of improving the Platform, adapting it to technical, legal, or commercial requirements, or maintaining compatibility with external services. When significant changes are made, Portal Orange may inform the user according to the reasonable means available.

4.5. Technical limitations

The operation of the service depends on various factors outside Portal Orange’s control, including the stability of connected social networks, availability of external APIs, user connectivity, device configuration, and restrictions imposed by third-party providers. Portal Orange does not guarantee that all features will be available in all countries, regions, or devices.

4.6. Content generated or uploaded by the user

The Client and its authorized users are solely responsible for the content they generate, upload, store, or schedule within the Platform. Portal Orange does not review or validate such content and is not responsible for damages, infringements, or breaches that may arise from the use of content, whether their own or that of third parties. Portal Orange may remove or restrict content that infringes these Terms or the law.

4.7. Usage and capacity limits

Depending on the subscription plan, Portal Orange may set limits on the number of brands, posts, authorized users, storage, integrations, or any other technical parameter. Portal Orange may adjust these limits when necessary to preserve the stability of the service or for commercial reasons, notifying the user when appropriate.

4.8. Features not guaranteed

Portal Orange does not guarantee that scheduled content will always be published successfully on social networks, since that action depends on external APIs, valid permissions, user configurations, and the availability of each social network. Portal Orange is not responsible for publishing failures, delays, errors, or incidents associated with changes or restrictions applied by external platforms.

4.9. Prohibited use of features

It is prohibited to use the Platform to automate unauthorized actions, manipulate the operation of social networks, circumvent technical limits, generate spam, or make posts that violate third-party policies. Portal Orange may suspend or restrict features in the event of uses that affect the security or stability of the service.

4.10. Future availability of new features

Portal Orange may implement new tools, integrations, modules, or improvements, whether free of charge or under specific plans. The launch of upcoming features does not constitute a contractual obligation to implement, maintain, or keep them over time.

5. Plans, pricing, and billing

5.1. Plans and billing currency

Portal Orange offers different subscription plans, including free plans and paid plans with expanded features. Unless otherwise indicated, all prices are expressed and charged in US dollars (USD). If the Client’s bank or payment provider applies currency conversions, commissions, or additional charges, those costs will be borne exclusively by the Client.

5.2. Payment processing

Subscription charges are managed through external payment processing providers, including, among others, Stripe. Portal Orange does not directly store the full information of the Client’s payment cards, but rather uses the secure services of the corresponding payment processor. The use of these payment methods may be subject to the terms and conditions of those providers.

5.3. Automatic subscription renewal

Portal Orange’s paid plans operate under an automatic renewal scheme, whether monthly, annual, or another period indicated at the time of contracting. By contracting a plan, the Client authorizes Portal Orange and/or the payment processor to automatically charge the corresponding amount to the registered payment method in each billing cycle, until the Client cancels the subscription.

5.4. Plan upgrade and changes (proration)

The Client may change plans at any time, in accordance with the options available on the Platform.

In the event of upgrading to a higher plan during an active billing period, the charge may be adjusted through proration, in accordance with the applicable rules of the payment processor (for example, billing only the proportional part corresponding to the remaining time).

In the event of downgrading or changing to a lower plan, Portal Orange may apply the change starting from the next billing cycle to avoid inconsistencies in the use of the service already paid for.

5.5. Refund policy

Unless applicable law provides otherwise, the Client may request a refund within a period of fourteen (14) calendar days counted from the date of the initial charge corresponding to a subscription period.

Portal Orange will evaluate refund requests on a case-by-case basis, and may require additional information to verify the transaction. The approval of refunds is not guaranteed when system abuse, intensive use of the service during the period, or conduct contrary to these Terms is detected. Approved refunds will be made through the same payment method originally used, provided it is technically possible.

5.6. Taxes and additional charges

The prices shown on the Platform may not include taxes, fees, or other charges applicable according to the Client’s location and the corresponding tax regulations. The taxes and charges that apply will be added to the total amount during the payment process, in accordance with the information available to Portal Orange and the payment processor.

5.7. Non-payment and charge failures

If, on the renewal date, it is not possible to charge the subscription (for example, due to an expired card, insufficient funds, or bank rejection), the following scheme will apply:

• a) Portal Orange and/or the payment processor will attempt to make the charge again and may send reminders to the registered email.
• b) A grace period of up to three (3) calendar days will be granted, during which the Client may update their payment method without losing access to the contracted plan.
• c) If, after the grace period, the charge is still impossible, Portal Orange may automatically downgrade the account to a free plan, with the usage limitations that this entails.

Downgrading to the free plan may entail the loss of access to certain features, more restrictive limits, and possible adjustments to brands, authorized users, or other resources.

5.8. Cancellation of the subscription by the client

The Client may cancel their paid subscription at any time from the Platform. Cancellation will stop future renewals, but does not imply the automatic refund of periods already charged, unless the refund policy described in section 5.5 applies. After cancellation, the Client may continue to use the service until the end of the billing cycle already paid for, at which point the account may be downgraded to the free plan.

5.9. Changes in prices and commercial conditions

Portal Orange may modify the prices of the plans, as well as the features included in each one, at any time. When a price change affects an active subscription, Portal Orange will endeavor to notify the Client with reasonable advance notice (for example, at least thirty (30) days before the next renewal). Continued use of the service after the effective date of the new prices will be considered acceptance of those changes.

5.10. Accepted payment methods

At present, Portal Orange accepts credit and debit cards compatible with its payment processor as a form of payment. The availability of specific payment methods may vary according to the country, the issuing bank, and the payment provider’s policies, without direct liability for Portal Orange.

5.11. Issuance of receipts and invoices

If the Client requires a receipt or invoice for the contracted services, they must request it through the contact channels indicated by Portal Orange, providing the necessary tax data. The issuance of invoices will not necessarily be automatic and may be subject to additional deadlines and requirements, in accordance with applicable legal and tax obligations.

6. Permitted use and client responsibilities

6.1. Use in accordance with these terms

The Client and its authorized users agree to use the Platform exclusively in accordance with these Terms, applicable regulations, and the policies of the connected social networks. The use of Portal Orange must be related to legitimate activities of communication, marketing, brand management, and content organization for social networks.

6.2. Responsibility for content

The Client is solely responsible for the content they create, upload, store, schedule, or manage through the Platform, including texts, images, videos, links, and any other material. The Client guarantees that such content does not infringe the rights of third parties, does not violate intellectual property, privacy, or data protection rules, nor legal provisions in their jurisdiction. Portal Orange does not control or supervise the content and assumes no responsibility for damages or claims arising from the use of such content.

6.3. Personal data and third parties involved

When the Client includes personal data of third parties (for example, names, images, testimonials, or contact information) in the content managed through the Platform, they will be responsible for having the corresponding authorizations, legal bases, and privacy notices. The Client agrees not to use Portal Orange to process sensitive or specially protected data unless they have the necessary legal grounds. Portal Orange will act as a technology provider, in accordance with the provisions of the Privacy Policy.

6.4. Social networks and external platforms

The Client is responsible for ensuring that the social media accounts connected to each brand belong to them or are used with valid authorization. Likewise, they agree to comply with the terms of use, content policies, and community standards of each social network (for example, Facebook, Instagram, TikTok), releasing Portal Orange from any liability arising from the breach of those rules. The suspension or blocking of an account on a social network due to misuse will be the sole responsibility of the Client.

6.5. Prohibited activities on the platform

In addition to what is indicated in previous sections, the Client and its authorized users undertake not to:

• a) use the Platform to harass, threaten, defame, or discriminate against people or groups
• b) impersonate identities or misrepresent their relationship with third parties
• c) use the Platform to distribute malware, phishing, or any type of malicious code
• d) attempt to gain unauthorized access to systems, accounts, or data belonging to others
• e) analyze, scan, or test the vulnerability of Portal Orange’s infrastructure without prior written consent
• f) use the Platform in a way that may damage, overload, or negatively affect its performance or that of associated services

Portal Orange may limit or block access when it detects conduct that breaches this section.

6.6. Responsibility for authorized users

The Client acknowledges and accepts that any action carried out by its authorized users within its space is considered to be carried out on behalf of the Client. Therefore, the Client will be responsible to Portal Orange and to third parties for the use that such users make of the Platform. The Client agrees to manage the access, roles, and permissions of its authorized users, revoking them when they should no longer have access.

6.7. Data updates and communication with portal orange

The Client agrees to keep the contact and billing information associated with their account up to date, including email address and, where applicable, tax data. Any communication sent by Portal Orange to the registered email will be deemed validly notified. The Client must periodically check their inbox, including spam or promotions folders.

6.8. Professional use and limits of commercial liability

When the Client uses the Platform for professional, business, or agency purposes, they acknowledge that Portal Orange does not guarantee specific commercial results, such as increases in sales, reach, engagement, or growth on social networks. The Platform is a support tool for the organization and management of content; the effectiveness of campaigns will depend on external factors and decisions of the Client.

6.9. Cooperation in incidents and claims

In the event of third-party claims related to the Client’s use of the Platform (for example, for allegedly unlawful or infringing content), the Client agrees to cooperate in good faith with Portal Orange, providing the information reasonably necessary to clarify the facts. Portal Orange may, when it deems appropriate, remove or restrict access to content that generates legal risk, without this implying acknowledgment of its own liability.

7. Intellectual property and licenses

7.1. Portal orange’s ownership

Portal Orange, the Platform, its source code, architecture, design, user interface, logo, trademarks, trade names, texts, graphics, visual elements, structured databases, documentation, and any other proprietary material associated with the service are and will remain the exclusive property of ENSO MKTG LLC or its licensors. Nothing in these Terms will be interpreted as a transfer of intellectual property in favor of the Client, but only as a grant of limited use in accordance with the provisions of this section.

7.2. License of use granted to the client

As long as the Client maintains an active account and complies with these Terms, Portal Orange grants them a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Platform, in accordance with the contracted subscription plan. This license has the sole purpose of allowing the use of the Platform for the planning and management of content on social networks, according to the features available at any given time.

7.3. Restrictions on the use of the platform

The Client may not, except with the express written authorization of ENSO MKTG LLC:

• a) copy, modify, adapt, translate, create derivative works, or attempt to derive the source code of the Platform
• b) sell, lease, sublicense, distribute, or make the Platform available to third parties outside the uses provided for in these Terms
• c) remove, alter, or hide copyright notices, trademarks, or any other proprietary notice included in the Platform
• d) use the name, logo, or trademarks of Portal Orange in a way that may create confusion about the relationship between the parties

7.4. Ownership of the client’s content

The content that the Client or its authorized users generate, upload, store, or manage within the Platform (including texts, images, videos, strategies, calendars, and creative materials) will remain the property of the Client or their respective rights holders. ENSO MKTG LLC does not claim ownership of such content, without prejudice to the license necessary to provide the service.

7.5. License over the client’s content to provide the service

The Client grants ENSO MKTG LLC, for the duration of the account and for the additional time necessary for backups and legal obligations, a non-exclusive, worldwide, royalty-free, and limited license to:

• a) host, store, reproduce, and back up the content in Portal Orange’s systems and those of its infrastructure providers
• b) process, organize, and display the content within the Platform for the Client and its authorized users
• c) transmit the content to social networks or other external platforms when requested by the Client through the Platform’s features

This license is strictly limited to what is necessary for the operation and improvement of the service, without ENSO MKTG LLC being able to commercially exploit the Client’s content outside this context, except by specific additional agreement.

7.6. Artificial intelligence features and third parties

Portal Orange may integrate tools or features based on artificial intelligence and other third-party services to assist in the generation or suggestion of content, without this modifying the general intellectual property regime established in these Terms. The use of such features may be subject to additional conditions imposed by external providers. The Client will be responsible for the use they make of any text, image, or resource generated through these tools and must review them before using them publicly.

7.7. Responsibility for third-party rights

The Client declares and guarantees that they have the rights, authorizations, and licenses necessary to use the content they incorporate into the Platform, including materials protected by copyright, trademarks, image rights, or privacy. The Client will hold ENSO MKTG LLC harmless against any third-party claim arising from the unauthorized use of protected content or the violation of intellectual property rights.

7.8. Use of the client’s name and brand as a reference

Unless the Client indicates otherwise in writing, ENSO MKTG LLC may use the Client’s name and logo in a limited and reasonable way for commercial reference purposes, for example, in client listings, presentations, or marketing materials, provided that no confidential content or sensitive information is disclosed. The Client may request at any time that their brand no longer be used as a future reference.

7.9. Comments, suggestions, and feedback

If the Client or its authorized users send ENSO MKTG LLC suggestions, ideas, improvement proposals, comments, or feedback about the Platform, it will be understood that they grant ENSO MKTG LLC a perpetual, irrevocable, worldwide, and royalty-free license to use, modify, implement, and exploit such suggestions without any obligation of acknowledgment or compensation. This section does not grant ENSO MKTG LLC rights over the Client’s own content, but only over ideas relating to the improvement or evolution of the service.

8. Confidentiality and security

8.1. Confidential information

For the purposes of these Terms, confidential information will be understood as any data, document, strategy, material, conversation, account configuration, technical or commercial information, as well as any other non-public information that the Client communicates to ENSO MKTG LLC in relation to the use of Portal Orange. Any non-public information about the internal functioning of the Platform will also be considered confidential.

8.2. ENSO MKTG LLC’s confidentiality obligation

ENSO MKTG LLC agrees not to disclose the Client’s confidential information to third parties, except in the cases permitted in these Terms or when it has the express consent of the Client. ENSO MKTG LLC will use the confidential information only to provide, maintain, and improve the Platform, as well as to comply with its legal obligations.

8.3. Exceptions to confidentiality

The confidentiality obligation will not apply to information that:

• a) was already known to ENSO MKTG LLC before its disclosure by the Client, without a duty of confidentiality
• b) is or becomes public domain without a breach of these Terms
• c) is legitimately obtained from a third party not subject to confidentiality obligations
• d) must be disclosed by legal mandate, requirement of a competent authority, or judicial decision, in which case ENSO MKTG LLC, when legally possible, will endeavor to inform the Client.

8.4. Security measures

ENSO MKTG LLC will implement reasonable technical and organizational measures to protect the Client’s information and content against unauthorized access, loss, alteration, or destruction. Such measures may include, among others, access controls, encryption in transit where applicable, and internal security management policies. However, the Client acknowledges that no system is completely invulnerable and that it is not possible to guarantee absolute security in digital environments.

8.5. Client responsibilities regarding security

The Client is responsible for:

• a) protecting their access credentials and those of their authorized users
• b) adequately managing the roles and permissions within their spaces
• c) revoking access of users who should no longer have a role in the account
• d) securely configuring their integrations with social networks and other external services

Any access or action carried out using valid credentials will be presumed to have been carried out by the Client or its authorized users.

8.6. Security incidents and notifications

In the event that ENSO MKTG LLC detects a security incident that may significantly compromise the Client’s information, it will make reasonable efforts to:

• a) contain and mitigate the impact of the incident
• b) investigate the causes and scope
• c) notify the Client within a reasonable period, when required by applicable regulations or advised by good practice

The Client agrees to cooperate with ENSO MKTG LLC in the investigation and mitigation of the effects of any incident that may affect their account or the security of the Platform.

8.7. Relationship with the privacy policy

The processing of personal data that ENSO MKTG LLC carries out in the context of providing Portal Orange is regulated in greater detail in Portal Orange’s Privacy Policy, which forms an integral part of these Terms. In the event of a discrepancy between the provisions of this section and the provisions of the Privacy Policy regarding the processing of personal data, the provisions of that policy will prevail, without prejudice to the rest of the legal confidentiality obligations.

8.8. Providers and sub-processors

To provide its services, ENSO MKTG LLC may rely on third-party providers of infrastructure, storage, communications, analytics, or processing, who may have limited access to certain Client information solely to perform the functions entrusted to them. ENSO MKTG LLC will endeavor to ensure that such providers are subject to confidentiality and security obligations consistent with the level of protection described in these Terms and in the Privacy Policy.

8.9. Retention and deletion of information

The Client’s information will be kept while the account remains active and, subsequently, for the periods necessary to comply with legal obligations, resolve disputes, maintain reasonable backups, or address audits. Once such information is no longer necessary, ENSO MKTG LLC may delete or anonymize it in accordance with its internal policies and applicable regulations.

9. Limitation of liability and disclaimer of warranties

9.1. Service in its current state (“as is”)

Portal Orange is offered on an “as is” and “as available” basis. ENSO MKTG LLC does not guarantee that the Platform is free of errors, interruptions, vulnerabilities, or failures, especially considering its beta phase. The Client acknowledges that they use the Platform at their own risk and discretion, and must evaluate whether the service suits their needs and the level of risk they are willing to assume.

9.2. Absence of explicit or implied warranties

To the maximum extent permitted by applicable law, ENSO MKTG LLC does not grant warranties of any kind, whether express, implied, or statutory, including, among others, warranties of merchantability, fitness for a particular purpose, continuous availability, accuracy, non-infringement of third-party rights, or compatibility with the Client’s specific systems. No information or recommendation, verbal or written, obtained through the Platform will generate any warranty not expressly contained in these Terms.

9.3. Commercial results and social media performance

ENSO MKTG LLC does not guarantee specific results derived from the use of Portal Orange, such as increased sales, greater engagement on social networks, follower growth, better brand positioning, or marketing campaign success. The Platform is a content management and organization tool; the final performance will depend on factors outside ENSO MKTG LLC’s control, including social media algorithms, audience behavior, the Client’s strategy, and market conditions.

9.4. Integrations and third-party services

The Platform integrates with social networks and other third-party services that are operated and controlled by entities outside ENSO MKTG LLC. Therefore, ENSO MKTG LLC will not be responsible for:

• a) changes in the policies, APIs, or terms of use of those third parties
• b) suspension, limitation, or deletion of the Client’s accounts on those platforms
• c) errors, delays, or publishing failures attributable to those external services
• d) loss of access to features arising from unilateral decisions of external providers

The use of such integrations is carried out under the sole responsibility of the Client.

9.5. Excluded damages

To the extent permitted by applicable law, ENSO MKTG LLC will not be liable to the Client or to third parties for any type of:

• a) indirect, incidental, special, exemplary, or consequential damages
• b) loss of profits, revenue, business opportunities, contracts, or expected savings
• c) loss or corruption of data, unless there is a specific legal obligation to the contrary
• d) reputational damages or harm arising from the public perception of the content published by the Client

even if ENSO MKTG LLC had been informed of the possibility of such damages.

9.6. Maximum limit of liability *

Without prejudice to the foregoing exclusions, and provided that applicable law does not provide otherwise, the total accumulated liability of ENSO MKTG LLC to the Client for any claim related to the use of the Platform, whether contractual, non-contractual, or otherwise, will be limited, in any case, to the amount actually paid by the Client to ENSO MKTG LLC for the use of Portal Orange during the twelve (12) months prior to the event that gave rise to the claim. If the Client uses only a free plan and has not made payments, ENSO MKTG LLC’s total liability will be limited, at most, to the equivalent of one hundred US dollars (USD 100).

9.7. Risks assumed by the client

The Client understands and accepts that the use of the Platform involves risks inherent to online services and to integration with external platforms, including possible interruptions, technical changes, loss of access, network failures, configuration errors, and other factors outside ENSO MKTG LLC’s reasonable control. By continuing to use the Platform, the Client assumes these risks and agrees to adopt complementary measures to back up and internally manage their information and marketing strategies.

9.8. Force majeure and causes beyond ENSO MKTG LLC’s control

ENSO MKTG LLC will not be responsible for breaches or delays in the provision of the service when they are due to circumstances of force majeure or causes beyond its reasonable control, such as natural disasters, widespread internet failures, interruptions in third-party services, labor disputes, government acts, unforeseen regulatory changes, or any other event that could not reasonably be foreseen or avoided.

9.9. Application of limitations according to the law

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. To the extent that the legislation applicable to the Client considers some of the limitations established in this section void or inapplicable, such limitations will be understood to be adjusted to the maximum degree permitted by law, with the rest of the provisions remaining in force.

10. Contract termination and end of service

10.1. Duration of the contractual relationship

The relationship between the Client and ENSO MKTG LLC in relation to the use of Portal Orange will have an indefinite duration, as long as the Client maintains an active account and complies with these Terms, as well as with the conditions of the corresponding subscription plan. There is no minimum commitment obligation, unless expressly indicated in specific commercial conditions.

10.2. Termination by the client

The Client may terminate the contractual relationship at any time by:

• a) canceling their paid subscription, which will prevent future automatic renewals, in accordance with the provisions of section 5.8
• b) deleting their account from the Platform itself, as indicated in section 3.6

After termination, the Client will lose access to the features associated with their plan and to the data stored in the account, except to the extent that access or export rights regulated by applicable law or by the Privacy Policy remain.

10.3. Termination by ENSO MKTG LLC for just cause

ENSO MKTG LLC may terminate the contractual relationship and close the Client’s account, in whole or in part, when any of the following circumstances occur:

• a) serious or repeated breach of these Terms by the Client or its authorized users
• b) use of the Platform for unlawful or fraudulent activities or activities contrary to the rights of third parties
• c) abusive use of resources that compromises the stability or security of the service
• d) violation of the policies of social networks or integrated external platforms, when this generates substantial risk for ENSO MKTG LLC or the Platform
• e) repeated or prolonged non-payment of amounts owed, beyond the grace periods described in these Terms

In these cases, ENSO MKTG LLC may suspend or cancel access immediately, without a right to a refund, unless applicable law provides otherwise.

10.4. Termination by ENSO MKTG LLC for commercial or technical reasons

ENSO MKTG LLC reserves the right to interrupt, substantially modify, or stop offering Portal Orange, whether in its entirety or in relation to certain features, plans, or geographic regions. When this entails the general termination of the service for a Client with an active subscription, ENSO MKTG LLC will endeavor to notify it with reasonable advance notice (for example, at least thirty (30) calendar days) and, when appropriate, may offer proportional adjustments or refunds for periods not used, in accordance with applicable law and its current commercial policy.

10.5. Effects of termination on access and data

Once the contractual relationship is terminated, whether by decision of the Client or of ENSO MKTG LLC:

• a) the access of the Client and its authorized users to the Platform and associated spaces may be revoked
• b) the content and stored information may cease to be available to the Client, unless the law requires otherwise
• c) ENSO MKTG LLC may keep certain data for the periods necessary to comply with legal, audit, security, fraud prevention, or backup obligations, in accordance with the provisions of these Terms and the Privacy Policy

The Client is recommended to export or internally back up any information they wish to keep before the effective termination of the service or the deletion of the account, to the extent that the Platform makes export mechanisms available to them.

10.6. Temporary suspension versus permanent termination

In some cases, ENSO MKTG LLC may first opt for a temporary suspension of the account or of certain features (for example, in the event of suspected misuse, security incidents, or charge problems), in order to investigate the situation or allow the Client to correct the breach. If, once the case has been analyzed or a reasonable period has elapsed, the breach or risk persists, ENSO MKTG LLC may convert the suspension into a permanent termination of the account.

10.7. Survival of certain provisions

The termination of the contractual relationship, for any cause, will not affect the validity of those clauses that, by their nature, must continue to apply after the end of the contract. In particular, the following will remain in force, among others:

• a) intellectual property and licenses (section 7)
• b) confidentiality and security (section 8)
• c) limitation of liability (section 9)
• d) pending payment obligations and billing (section 5, as applicable)
• e) dispute resolution, governing law, and jurisdiction (section 11)

11. Governing law, jurisdiction, and dispute resolution

11.1. Governing law

These Terms, as well as the relationship between the Client and ENSO MKTG LLC in relation to the use of Portal Orange, will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law rules, unless a different mandatory regulation applies to the Client due to their specific status (for example, if they act as a consumer in a certain jurisdiction).

11.2. Seeking an amicable solution

Before initiating any formal proceeding, the parties will endeavor to resolve in good faith any disagreement, controversy, or claim arising from these Terms or the use of the Platform through direct negotiation. The Client may contact ENSO MKTG LLC through the email addresses indicated in these Terms, explaining the problem and the solution they consider appropriate in reasonable detail. ENSO MKTG LLC will make efforts to respond and, where appropriate, propose reasonable alternatives.

11.3. Competent jurisdiction

Unless applicable law grants the Client another non-waivable forum, any dispute, controversy, or claim related to these Terms, their interpretation, or the use of Portal Orange will be submitted to the exclusive jurisdiction of the competent state or federal courts in Miami-Dade County, Florida, United States of America. The Client and ENSO MKTG LLC expressly waive any other forum that may correspond to them, to the extent that such waiver is valid under applicable law.

11.4. Mandatory consumer rights

If the Client uses the Platform as a consumer and the legislation of their country of residence grants them mandatory rights regarding jurisdiction, deadlines, or contractual protection that cannot be validly waived, those provisions will prevail over the provisions of this section to the extent that they apply. Nothing in these Terms is intended to limit the non-waivable legal rights that correspond to the Client as a consumer.

11.5. Deadline for filing claims

To the maximum extent permitted by applicable law, any claim or legal action by the Client against ENSO MKTG LLC related to the use of the Platform or these Terms must be initiated within a maximum period of one (1) year from when the Client became aware of or should reasonably have become aware of the event that gave rise to the claim. After that period, the claim will be considered definitively time-barred, unless the applicable mandatory regulation establishes a longer period that cannot be modified by agreement between the parties.

11.6. Injunctive measures and other remedies

The provisions of this section will not prevent ENSO MKTG LLC from being able to request, before the competent courts, precautionary, provisional, or urgent measures (for example, to protect its intellectual property rights, the security of the Platform, or the confidentiality of its information) in any jurisdiction where such measures must take effect.

12. General provisions

12.1. Entire agreement

These Terms, together with the Privacy Policy, the Cookie Policy, and any particular conditions applicable to a specific plan or promotion, constitute the entire agreement between the Client and ENSO MKTG LLC in relation to the use of Portal Orange and supersede any prior agreement, communication, or negotiation, whether oral or written, on the same subject.

12.2. Modifications of the terms

ENSO MKTG LLC may modify these Terms in accordance with the provisions of the previous sections. Continued use of the Platform after the effective date of the new Terms will be considered acceptance of the modifications by the Client, without prejudice to the non-waivable rights they may have under applicable law.

12.3. Partial nullity

If any provision of these Terms is declared null, invalid, or unenforceable by a competent court, that provision will be interpreted in a manner consistent with the original intent to the greatest extent possible, and the rest of the provisions will remain in full force and effect.

12.4. No waiver of rights

The fact that ENSO MKTG LLC does not require, at a given time, strict compliance with any of the provisions of these Terms, or does not exercise a right or remedy derived from them, will not be considered a waiver of that right or remedy, nor will it prevent its exercise in the future.

12.5. Assignment and subrogation

The Client may not assign, transfer, or sublicense their account or the rights and obligations arising from these Terms without the prior written consent of ENSO MKTG LLC. ENSO MKTG LLC may assign, transfer, or subrogate its rights and obligations arising from these Terms to affiliated companies, successors, or acquirers of its business related to Portal Orange, provided that this does not unjustifiably reduce the Client’s essential guarantees.

12.6. Relationship between the parties

Nothing in these Terms will be interpreted as the creation of a partnership, agency, franchise, joint venture, or employment relationship between the Client and ENSO MKTG LLC. The Client acts at all times as an independent user of the Platform.

12.7. Electronic communications

The Client accepts that ENSO MKTG LLC may communicate with them by electronic means, including email, notifications within the Platform, or messages displayed upon login, for matters related to the service, changes to the Terms, legal notices, or relevant information. The Client will be responsible for periodically reviewing their means of contact and the information displayed on the Platform.

12.8. Language of the contract

The reference language of these Terms is Spanish. Any translation into other languages is provided for informational purposes only. In the event of a discrepancy in interpretation between the Spanish version and a translated version, the Spanish version will prevail.

12.9. Headings and structure

The titles and numbering of the sections are included solely to facilitate reading and will not affect the meaning or interpretation of these Terms.

12.10. Contact

For any inquiry related to these Terms, the Client may contact ENSO MKTG LLC through:

• a) general support: support@portalorange.com
• b) legal and contractual inquiries: legal@portalorange.com