IMPORTANT: These Terms contain a binding arbitration agreement and class-action waiver. Section 30 explains your rights, including the right to opt out of arbitration within 30 days and the right to bring an eligible claim in small-claims court.
1. Acceptance of Terms
These Terms of Service (“Terms”) govern access to and use of the ShieldPort website at https://shieldportglobal.com, its marketplace, applications, communications, order pages, dashboards, affiliate and referral features, and related services (collectively, the “Platform”). The Platform is operated by ShieldPort IT & Management Marketplace LLC, a Delaware limited liability company (“ShieldPort,” “we,” “us,” or “our”).
By creating an account, clicking an acceptance box, posting or applying for a Project, ordering or offering a Service, accepting an offer, using an affiliate link, or otherwise accessing or using the Platform, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not use the Platform.
If you use the Platform for a company or other legal entity, you represent that you have authority to bind that entity. The Privacy Policy, Cookie Policy, Acceptable Use Policy, Fee and Refund Policy, Compliance Policy, Community or Marketplace Standards published by ShieldPort, and transaction-specific disclosures are incorporated by reference. A policy applies only to the subject it addresses and only to the extent it is made reasonably available to the user.
Current versions of incorporated policies must be made reasonably accessible through the Platform footer, registration flow, checkout or Order flow, or another clearly identified location before they apply. ShieldPort will not rely on a policy that was not reasonably available to the affected user when the relevant commitment was made, except where immediate application is required by law or reasonably necessary to address fraud, security, sanctions, abuse, or imminent harm.
2. Definitions
Client means a user seeking or purchasing Services. Provider means a user offering or performing Services. Project means a request, posting, engagement, or scope of work submitted through the Platform. Service means professional, technical, creative, consulting, e-commerce, or other lawful work offered by a Provider or expressly provided by ShieldPort through an Order. Third-party travel, accommodation, cruise, car-rental, tourism, and concierge offers accessed through affiliate or referral links are not Services or Orders under these Terms unless expressly stated in separate supplemental terms. Order means a transaction or engagement formed through the Platform after the applicable acceptance and payment conditions are satisfied. Offer means a proposal, quotation, package, or custom offer submitted by a Provider or ShieldPort. Milestone means a defined stage of an Order with stated deliverables, timing, and payment. Deliverables means the work product expressly required under an Order. User Content means content submitted, posted, transmitted, or uploaded by a user. Payment Provider means a third-party processor, financial institution, payout provider, or other authorized payment-service provider used for a transaction.
3. Platform Role and Marketplace Services
ShieldPort operates a technology marketplace that may connect independent Providers with Clients. The Platform may also feature e-commerce and marketplace-management support, affiliate travel and concierge information and links, affiliate products, referral links, promotional codes, and third-party integrations.
3.1 Platform Facilitator
Unless ShieldPort expressly agrees otherwise in a separately executed writing, ShieldPort is not a party to the professional-services contract between a Client and Provider, does not employ Providers, and does not control or guarantee their services, qualifications, legality, availability, timing, safety, quality, or results. Users are responsible for evaluating each other and for any statement of work, nondisclosure agreement, data-processing agreement, or other contract appropriate to their engagement.
ShieldPort may provide tools for communication, ordering, payment instructions, reviews, recordkeeping, and dispute assistance. Providing those tools does not make ShieldPort the employer, agent, partner, fiduciary, insurer, guarantor, merchant of record, or professional adviser of a user unless expressly disclosed for a specific service.
3.2 Independent Contractors
Providers act as independent contractors and remain responsible for their personnel, subcontractors, methods, equipment, expenses, licenses, permits, insurance, taxes, reporting, and legal compliance. Nothing in these Terms creates employment, partnership, joint venture, franchise, fiduciary, or agency relationships between ShieldPort and any user. Clients may define lawful requirements, objectives, deadlines, and acceptance criteria, but Providers control the manner and means of performing their Services, subject to the applicable Order.
3.3 Services Provided Directly by ShieldPort
ShieldPort may separately agree to provide consulting, Amazon, Noon, Shopify, eBay, advertising, e-commerce management, account-support, or other Services directly to a Client. For those Services, ShieldPort is the Provider only to the extent expressly identified in the applicable Order, statement of work, service schedule, or separately executed agreement. The scope, fees, responsibilities, service levels, approvals, intellectual-property terms, data access, and termination rights for direct ShieldPort Services will be stated in that agreement. The marketplace-facilitator disclaimers do not excuse ShieldPort from obligations it expressly accepts as the direct Provider, but no result, sales level, ranking, account approval, or platform availability is guaranteed unless expressly stated in a signed writing. For clarity, travel and concierge offers displayed or linked through the Platform are third-party affiliate or referral features, not direct ShieldPort Services, and are governed by Section 18.
4. Eligibility, Business Users, and Accounts
You must be at least 18 years old and legally capable of entering a binding contract. An organization must be validly formed or otherwise authorized to conduct the activities for which it uses the Platform. The Platform is not directed to children.
You must provide accurate, current, and complete information and promptly update it. We may request identity, address, business-registration, beneficial-ownership, tax, sanctions, fraud-prevention, payment, professional-license, insurance, or regulatory information. Where required by applicable law or Platform rules, a business Provider may not offer Services until verification is completed.
You are responsible for your credentials and account activity and must promptly notify us of suspected unauthorized access. You must use reasonable security measures, including multifactor authentication where offered. Accounts may not be sold, transferred, rented, shared outside authorized personnel, or created for a prohibited party. We may reject duplicate, fraudulent, misleading, impersonating, or unverifiable accounts.
5. Projects, Offers, Orders, and User Responsibilities
Clients must provide accurate requirements, specifications, deadlines, budgets, lawful instructions, and necessary access. Providers must determine whether they possess the qualifications, capacity, permissions, and resources to perform before submitting or accepting an Offer.
An Order is formed only when the applicable Offer or listing has been accepted through the Platform and any required payment authorization, deposit, or initial Milestone has been confirmed. A Project posting, application, message, estimate, or draft Offer is not by itself a binding Order. The Order includes the accepted scope, price, schedule, Milestones, acceptance criteria, approved changes, applicable transaction disclosures, and these Terms.
Users must communicate honestly, cooperate in good faith, maintain appropriate records, and comply with professional, licensing, employment, consumer, export, tax, privacy, data-security, accessibility, and other laws applicable to their activities. ShieldPort does not provide legal, tax, financial, medical, immigration, travel, engineering, or other regulated professional advice unless expressly stated in a separate written agreement by a properly qualified person.
6. Delivery, Acceptance, Revisions, and Milestones
Providers must deliver the required Deliverables by the agreed deadline through the Platform or another approved delivery method and must not mark incomplete, placeholder, corrupted, malicious, or materially nonconforming work as delivered. Each delivery should identify what is being delivered and any lawful dependencies, credentials, third-party materials, open-source components, or usage limitations.
Unless a different period is stated in the Order, the Client has seven calendar days after delivery to accept the Deliverables or submit a reasonably detailed rejection or revision request identifying material nonconformity with the Order. Silence does not automatically waive fraud, hidden defects, infringement, or rights that cannot lawfully be waived. If the Platform implements automatic acceptance, the applicable review period and consequence must be clearly disclosed before purchase and the Client must receive reasonable notice before automatic acceptance.
Revision rights are limited to the number and scope stated in the Order. A revision request may not materially expand the agreed scope without a written change order and any additional fee or schedule adjustment. If the Client fails to provide required information or access, deadlines may be reasonably extended and the Provider may pause performance after notice.
For a Milestone Order, each Milestone is separately reviewed and accepted. Acceptance or payment of a completed Milestone does not obligate a Client to purchase an unfunded future Milestone unless the Order expressly states otherwise. Completed and accepted Milestones generally remain payable even if later Milestones are cancelled, subject to fraud, material breach, the Fee and Refund Policy, Payment Provider rules, and mandatory law.
7. Hourly and Ongoing Services
Where hourly or recurring Services are offered, the Order must state the hourly rate or recurring fee, billing period, any spending or hour limit, reporting requirements, and termination terms. Providers must submit accurate, timely records describing the work performed. Clients must review reports within the period disclosed for the Order. Hours above an agreed limit require prior written approval and may be rejected if not approved.
Either party may pause or terminate an ongoing engagement according to the Order. Termination does not eliminate payment obligations for properly performed and documented Services through the effective termination time. Subscription renewals and recurring charges require the disclosures and consent required by applicable law and may be cancelled through a reasonably accessible method.
8. Changes, Delays, and Cancellation of Orders
Changes to scope, price, Deliverables, schedule, access, or acceptance criteria must be recorded through the Platform or in another writing accepted by both Client and Provider. A party affected by a material delay must give prompt notice and take reasonable steps to reduce harm.
Cancellation and refund eligibility depend on the Order, completion status, Fee and Refund Policy, Payment Provider rules, and mandatory law. A Provider may cancel for unlawful instructions, nonpayment, material noncooperation, abusive conduct, safety concerns, or inability to perform, subject to refunding unearned amounts where required. A Client may cancel for nonperformance, material delay, material nonconformity, or as otherwise allowed by the Order or mandatory law.
9. Fees, Billing, Payments, Payouts, and Taxes
9.1 Platform Fees
ShieldPort may charge platform, transaction, service, subscription, listing, commission, currency-conversion, or other fees. The applicable amount, currency, payer, and material conditions will be disclosed before the relevant transaction or commitment. Except where mandatory law requires otherwise, fees and refunds are governed by the Fee and Refund Policy and transaction-specific terms.
9.2 Third-Party Payment Providers; No Banking or Escrow Representation
Payments, authorization holds, reserves, Milestone releases, split payments, currency conversion, refunds, chargebacks, and payouts may be performed by Payment Providers under their own terms and compliance controls. ShieldPort does not independently provide banking, money transmission, deposit-taking, custody, fiduciary, or regulated escrow services. Any reference to protected, held, safeguarded, Milestone, or escrow-backed payments applies only where an authorized third party supplies that functionality and only on the terms disclosed for the transaction.
9.3 Payment Authorization
You authorize charges and payment instructions you initiate, including disclosed taxes and fees. You must use funds and payment methods that you are authorized to use and that come from lawful sources. You must not initiate false, retaliatory, or abusive chargebacks. Nothing limits a lawful right to dispute an unauthorized or genuinely contested transaction.
9.4 Payouts, Holds, Reserves, and Reversals
Provider payouts are subject to completion or acceptance rules, fraud and compliance review, the applicable payout schedule, Payment Provider availability, chargeback risk, reserves, tax documentation, sanctions screening, and any disclosed clearance period. ShieldPort or a Payment Provider may delay, reverse, offset, or withhold a payout where reasonably necessary to address a refund, chargeback, negative balance, suspected fraud, legal process, sanctions, regulatory obligation, or material breach. We will provide notice where lawful and reasonably practicable.
If a payment is reversed after a Provider has been paid, the Provider remains responsible for amounts attributable to fraud, duplicate payment, material nonperformance, infringement, violation of the Order, or another basis permitted by the applicable agreement and law. ShieldPort may recover an undisputed negative balance from future payouts or other lawful means after notice.
9.5 Taxes
Users are responsible for determining and satisfying their own tax, invoicing, customs, withholding, and reporting obligations. ShieldPort may calculate, collect, withhold, remit, or report taxes and may request Form W-9, W-8BEN, W-8BEN-E, taxpayer-identification information, or equivalent documentation where required by law or a Payment Provider. Tax treatment may depend on the user’s location and status; ShieldPort does not provide tax advice.
9.6 Dormant Accounts and Unclaimed Amounts
Users must maintain accurate contact and payout information and promptly claim amounts lawfully payable to them. If an account becomes inactive, ShieldPort may provide notice, restrict features, require renewed verification, or instruct the applicable Payment Provider to hold or return funds as permitted by its terms and applicable law. ShieldPort does not acquire ownership of unclaimed user funds merely because an account is inactive. Amounts legally treated as abandoned or unclaimed property may be reported and transferred to the appropriate governmental authority after the required dormancy period and notice. Any later claim must then be made to that authority where applicable. This section does not represent that ShieldPort independently maintains stored-value balances, deposits, custody, or escrow accounts.
10. Refunds and Disputes Between Users
Clients and Providers should first attempt to resolve an Order dispute directly and in good faith using the Order record. A party requesting review must submit relevant messages, Deliverables, scope documents, payment records, and other reasonably requested information.
ShieldPort may facilitate communication, apply published Platform rules, release or request reversal of a payment where contractually and technically authorized, restrict an account, or recommend another resolution. ShieldPort is not a court, arbitrator, regulated escrow adjudicator, or guarantor and does not guarantee recovery or a particular result. ShieldPort may decline to decide technical or professional issues requiring expert evidence.
Failure to respond within a reasonably stated period may allow ShieldPort to decide the Platform-level issue using the available record, but will not eliminate non-waivable legal rights. Legal disputes between a Client and Provider remain governed by their own agreement and applicable law.
11. Intellectual Property
11.1 ShieldPort Materials
ShieldPort and its licensors own the Platform and its software, interfaces, designs, databases, documentation, trademarks, logos, and other proprietary materials. Subject to these Terms, ShieldPort grants you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, scrape, reverse engineer, modify, distribute, sell, sublicense, or commercially exploit ShieldPort materials except as permitted by law or written authorization.
11.2 User Content
You retain ownership of User Content. You grant ShieldPort a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, format, transmit, display, moderate, and otherwise use User Content only as reasonably necessary to operate, secure, support, promote, and improve the Platform, enforce agreements, and comply with law. Marketing use of private Deliverables requires the relevant user’s permission unless the material has been lawfully made public. You represent that you have the rights necessary to submit User Content and grant this license.
11.3 Default Rights in Deliverables
The Client-Provider agreement or Order controls ownership and licensing of Deliverables. If it is silent, then upon the Provider’s receipt of full and final payment for the applicable Deliverables, and to the extent legally transferable, the Provider assigns to the Client the Provider’s rights in the final Deliverables created specifically for that Client under the Order.
The assignment does not include Provider Tools, Background Materials, third-party materials, stock content, fonts, datasets, models, methodologies, templates, know-how, open-source software, or materials identified in the Order as excluded (collectively, “Background Materials”). The Provider retains ownership of Background Materials but grants the Client a worldwide, perpetual, non-exclusive, royalty-free license to use embedded Background Materials only as necessary to use the paid Deliverables for their intended purpose. Third-party and open-source materials remain subject to their own licenses. The Provider must disclose material license restrictions before delivery.
To the extent moral rights cannot be assigned, the Provider waives or agrees not to assert them to the extent permitted by law and necessary for the Client’s authorized use. No rights transfer until full payment. A Provider may display non-confidential Deliverables in a portfolio only with the Client’s permission or where the Order expressly allows it.
11.4 Feedback and Suggestions
If you voluntarily submit an idea, suggestion, improvement, or other feedback concerning the Platform, you grant ShieldPort a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, develop, commercialize, and otherwise exploit that feedback without restriction or compensation. This provision does not transfer ownership of Confidential Information, private Client materials, personal information, or Project Deliverables and does not authorize ShieldPort to identify the person who submitted feedback without permission except as permitted by the Privacy Policy or law.
12. Confidentiality and Data Access
“Confidential Information” means non-public information disclosed in connection with a Project or Order that is identified as confidential or should reasonably be understood to be confidential, including business plans, credentials, customer and employee information, security information, marketplace-account data, pricing, source code, and unpublished Deliverables. It excludes information lawfully known without restriction, independently developed, received lawfully from another source, or made public without breach.
Each receiving user must use Confidential Information only for the relevant engagement, protect it with at least reasonable care, disclose it only to personnel and approved subcontractors who need it and are bound by comparable obligations, and promptly notify the disclosing party of suspected unauthorized access. Disclosure required by law is permitted after advance notice where lawful. On request or completion, the recipient must return or securely delete Confidential Information, subject to legal retention and routine protected backups.
Providers must obtain specific authorization before accessing a Client’s Amazon, Shopify, Noon, eBay, advertising, hosting, financial, email, analytics, or other third-party account. They must use least-privilege access, may not change payment, ownership, administrator, security, or banking settings without express approval, and must promptly return or remove access at the end of the engagement. Users should not send passwords through unprotected messages where a safer access method is available.
13. Privacy, Security, and International Data
Our processing of personal information is described in the Privacy Policy and Cookie Policy. Depending on location, users may have rights regarding access, correction, deletion, restriction, objection, portability, or consent withdrawal. Information may be processed in countries other than the user’s country, subject to applicable safeguards. Non-essential cookies will be used only as permitted by applicable law and recorded choices. Where ShieldPort’s actual processing triggers Article 27 of the EU General Data Protection Regulation or applicable UK data-protection representative requirements, ShieldPort will make the required appointment and publish the representative’s contact details before offering the affected Services. Any representative obligation under the EU Digital Services Act will be addressed separately as part of ShieldPort’s platform-compliance program. Where a user is located in the Kingdom of Saudi Arabia or another Gulf Cooperation Council jurisdiction with its own data-protection law, including the Saudi Personal Data Protection Law, ShieldPort will process that user's personal information in accordance with that law's applicable cross-border transfer, notice, consent, and data-subject-rights requirements.
Each user is independently responsible for personal information it controls or processes through a Project. Where required, the parties must enter an appropriate data-processing agreement and implement reasonable administrative, technical, and organizational security measures. Users must not upload unnecessary sensitive data, payment-card details, government identifiers, health information, children’s data, or regulated data unless expressly authorized and adequately protected.
ShieldPort cannot guarantee that files supplied by users are free from malware. Users must maintain appropriate backups, scan files, manage access, and promptly report suspected security incidents to [email protected] or another security contact published on the Platform.
13.1 File and Deliverable Retention
The Platform is not a permanent file-storage, source-code escrow, archive, or backup service. Users are responsible for downloading and securely retaining their Project files, communications, credentials, and Deliverables. ShieldPort may delete, archive, anonymize, or make files unavailable after the retention period disclosed on the Platform, after account closure, when an Order and related dispute periods have ended, or where reasonably necessary for security, legal, privacy, or operational reasons. ShieldPort may retain transaction records, legal evidence, fraud-prevention data, and other information for longer where required or permitted by law and the Privacy Policy. No particular file-retention period is promised unless it is clearly disclosed for the applicable feature or Order.
ShieldPort will process personal information in accordance with data-protection laws applicable to the relevant processing, which may include cross-border transfer, notice, consent, security, breach-response, deletion, or data-subject-rights requirements. References to international availability do not represent that ShieldPort has appointed a representative, obtained a registration, or completed a filing in every jurisdiction; any such appointment or filing will be made where legally required based on ShieldPort’s actual activities.
14. Artificial Intelligence and Automated Tools
Users must comply with applicable law, the Order, and third-party license terms when using artificial intelligence or automated tools. A Provider must disclose material use of generative AI when the Client requests disclosure, when the Order requires human-created work, when AI use materially affects professional judgment or the nature of a Deliverable, or when disclosure is required by law.
Users may not use AI to create unlawful, infringing, deceptive, discriminatory, malicious, impersonating, or privacy-invasive content; fabricate professional qualifications or evidence; create prohibited deepfakes; or submit a Client’s Confidential Information to an unauthorized AI service. Providers remain responsible for reviewing AI-assisted work for accuracy, security, originality, bias, licensing restrictions, and compliance. ShieldPort does not warrant that AI-generated or translated content is accurate, original, or suitable for a particular use.
15. Reviews, Ratings, Recommendations, and Promotions
Reviews and ratings must reflect genuine eligible interactions and must not be bought, fabricated, manipulated, coerced, or conditioned on a particular sentiment. Users may not withhold Deliverables, payment, refunds, or support to force a review. ShieldPort may verify eligibility, delay publication to reduce retaliation, label incentivized content, and remove or restrict reviews that violate law or Platform rules, while not suppressing a review merely because it is negative.
Search results, recommendations, badges, or rankings may consider relevance, category, availability, price, completion history, responsiveness, quality signals, user preferences, sponsorship, or other disclosed factors. They are not guarantees of suitability or performance. Sponsored placements and material commercial relationships will be identified as required by law.
16. Prohibited Conduct
You may not use the Platform to:
- violate law, sanctions, export controls, or another person’s rights;
- commit fraud, deception, money laundering, bribery, payment abuse, tax evasion, identity misuse, or unauthorized account access;
- offer, request, facilitate, or promote illegal, unsafe, infringing, discriminatory, exploitative, adult, pornographic, deceptive, or otherwise prohibited goods, content, or Services;
- prepare academic work for submission as another person’s own where that would constitute academic misconduct;
- distribute malware, phishing content, credential-harvesting tools, or destructive code;
- scrape without authorization, bypass security or access controls, overload systems, reverse engineer except where law permits, or interfere with the Platform;
- harass, threaten, exploit, discriminate against, stalk, or unlawfully publish another person’s confidential or personal information;
- manipulate reviews, ratings, applications, referrals, clicks, transactions, search results, or Platform systems;
- misrepresent qualifications, identity, location, experience, licenses, results, affiliations, or the origin of content;
- use unauthorized payment methods, submit false disputes, or launder transactions;
- resell regulated products or provide regulated professional services without required authorization; or
- circumvent agreed Platform fees through a prohibited off-platform arrangement.
We may investigate suspected violations, preserve relevant records, restrict content or transactions, and cooperate with Payment Providers or lawful authorities.
17. Anti-Circumvention and Off-Platform Dealings
Users must not intentionally move, solicit, or structure a transaction introduced through ShieldPort off-platform primarily to avoid fees that were clearly disclosed and agreed for that transaction. Users should report requests to use unauthorized payment methods or conceal a transaction.
This restriction does not prohibit lawful pre-existing relationships, communications reasonably necessary to perform an Order, compliance with legal obligations, or rights that cannot lawfully be restricted. ShieldPort does not impose a fixed liquidated-damages amount under these Terms. Available remedies must be proportionate and arise from the applicable agreement and law. ShieldPort generally cannot provide payment assistance or Platform dispute support for an unauthorized off-platform transaction.
18. Third-Party Services, Affiliate Travel, E-Commerce, and Referral Relationships
The Platform may display links, search tools, promotional codes, descriptions, advertisements, or other content relating to independent third-party stores, booking websites, hotels, airlines, cruise operators, car-rental providers, travel experiences, concierge providers, and other suppliers. ShieldPort’s current travel and concierge features operate solely as affiliate, referral, informational, or redirect features. ShieldPort may receive a commission or other compensation when a user clicks, registers, books, or purchases through a qualifying link. A clear and conspicuous disclosure will also be displayed near relevant content or links where required; this section is not a substitute for transaction-level disclosure.
Third-party services are supplied under the third party’s terms, privacy policy, eligibility criteria, availability, pricing, cancellation rules, and warranties. ShieldPort is not the seller, travel agent, tour operator, package organizer, carrier, hotel, rental company, booking provider, ticket issuer, product manufacturer, retailer, payment custodian, or merchant of record for an affiliate transaction. ShieldPort is not responsible for third-party acts, omissions, inventory, product safety, schedule changes, cancellations, refunds, injuries, losses, or performance. Users must verify travel, visa, passport, health, insurance, customs, and entry requirements directly with authoritative sources.
For Amazon, Shopify, Noon, eBay, Etsy, advertising networks, or other e-commerce services, third-party platform rules control the user’s account. ShieldPort and Providers do not guarantee account approval, listing acceptance, rankings, sales, advertising results, inventory availability, or protection from suspension. Users remain responsible for their products, claims, pricing, taxes, customer service, intellectual property, product safety, and compliance with each marketplace.
18.1 Current Affiliate and Redirect Model
ShieldPort’s current travel and concierge features redirect users to independent third-party websites, including travel-booking platforms, where the third party controls availability, contracting, pricing, payment, fulfilment, booking confirmation, changes, cancellation, refunds, customer service, and privacy. ShieldPort does not accept or hold travel payments, make or confirm reservations, issue tickets or vouchers, set supplier terms, modify or cancel bookings, or provide travel fulfilment, refunds, or traveler support on behalf of a supplier. A click, redirect, promotional code, search result, or embedded informational display does not make ShieldPort the contracting travel provider or merchant of record. Affiliate compensation will be disclosed clearly and conspicuously near the relevant link or recommendation where required by law.
18.2 No Direct Booking or Travel Agency Services
ShieldPort does not currently offer direct, API-enabled, or ShieldPort-branded travel booking. Users complete any booking and payment directly with the independent third-party provider under that provider’s terms and privacy policy. Nothing in these Terms authorizes ShieldPort to act as a licensed travel agent, tour operator, booking provider, ticket issuer, carrier, payment custodian, or package organizer. Any future introduction of a materially different travel-transaction model would require separate transaction-specific terms and disclosures before launch and would not change the affiliate-only model described in this version of the Terms.
19. Communications, Electronic Contracting, and Records
You consent to electronic communications concerning accounts, transactions, security, policies, and Services. Electronic acceptance, records, and signatures may have the same effect as paper records where legally permitted. You must maintain a working email address and retain important agreements and transaction records. Marketing communications may be declined through the provided unsubscribe method without affecting transactional or legally required messages.
Communications may be monitored or reviewed as permitted by the Privacy Policy and law for security, fraud prevention, support, moderation, and enforcement. Users must not use Platform communications for spam, malware, harassment, unauthorized marketing, or unlawful surveillance.
20. Reporting, Content Moderation, Notices, and Appeals
Users may report illegal content, infringement, fraud, safety issues, or violations through the reporting channel published on the Platform or by contacting [email protected]. Reports must be made in good faith and include reasonably sufficient information. Knowingly false, abusive, or repetitive reporting may lead to restrictions.
ShieldPort may remove, disable, demote, label, restrict, or preserve content; warn users; limit features; pause transactions or payouts; or suspend or terminate accounts where reasonably necessary to enforce these Terms, protect users, comply with law, address fraud or nonpayment, respond to Payment Provider requirements, or prevent harm.
Where appropriate and lawful, we will provide a statement of reasons and an opportunity to appeal. An appeal should be submitted within 30 days after notice, identify the challenged decision, explain the basis for reversal, and include supporting information. A person not materially involved in the original decision may review the appeal where reasonably practicable. Immediate action without advance notice may occur for urgent safety, fraud, security, sanctions, legal, evidence-preservation, or repeat-violation concerns.
21. Suspension, Termination, and Account Closure
Users may stop using or request closure of their accounts at any time, subject to identity verification, outstanding Orders, legal retention, unresolved disputes, and payment obligations. Account closure does not automatically cancel an Order or eliminate accrued rights or obligations.
Following restriction or termination, ShieldPort may complete lawful payment administration, issue required refunds, preserve records, remove public content, provide limited access to retrieve permitted records, or take other reasonable wind-down actions. Accrued payment, intellectual-property, confidentiality, privacy, tax, dispute, limitation, indemnity, and other provisions that by nature should survive will survive.
22. Copyright and Intellectual-Property Notices
If you believe Platform content infringes copyright or another intellectual-property right, send a written notice to [email protected] identifying the protected work, the allegedly infringing material and its location, contact details, a good-faith statement, a statement of accuracy and authority made under penalty of perjury where applicable, and a physical or electronic signature.
ShieldPort may remove or restrict content, notify the affected user, request additional information, process a legally sufficient counter-notice, restore material where appropriate, and suspend or terminate users who repeatedly or materially infringe intellectual-property rights. ShieldPort will consider the circumstances and credible notices when applying its repeat-infringer policy.
ShieldPort has not represented in these Terms that a DMCA agent is already registered. Until an agent is registered and published, notices may be submitted to [email protected] under ShieldPort’s general intellectual-property procedure, but that email is not a substitute for statutory designation. If ShieldPort registers a U.S. Digital Millennium Copyright Act agent, the agent’s name, postal address, telephone number, and email address will be published on the Platform and in the U.S. Copyright Office directory, and formal DMCA notices must be sent to that designated agent.
23. Export Controls, Sanctions, Anti-Bribery, and Compliance
Users must comply with applicable export-control, trade-sanctions, anti-boycott, anti-money-laundering, anti-bribery, and restricted-party laws. Users may not use the Platform for a prohibited person, territory, end use, product, or transaction or offer anything of value to improperly influence a person. ShieldPort and its providers may screen users and transactions and may delay, reject, report, freeze where legally authorized, or terminate activity where required or reasonably necessary for compliance.
24. International Users and Mandatory Consumer Rights
The Platform may be accessed internationally, but ShieldPort does not represent that every feature is lawful or available in every location. Users are responsible for local-law compliance. If you are a consumer, nothing in these Terms deprives you of non-waivable protections, statutory withdrawal or cancellation rights where applicable, or the right to bring a claim in the courts of your habitual residence where mandatory law provides that right. Any choice-of-law, arbitration, disclaimer, limitation, indemnity, or waiver applies only to the extent permitted by the law applicable to the user.
Business Providers serving consumers must provide legally required identity and contact information, truthful descriptions, total pricing, complaint handling, cancellation information, and product or service safety information. ShieldPort may request evidence of compliance and suspend offers that lack required information.
25. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” SHIELDPORT DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETE OPERATION; THE ACCURACY OF USER, AI-GENERATED, TRANSLATED, OR THIRD-PARTY CONTENT; THE PERFORMANCE OR PAYMENT OF ANY USER; OR THAT ANY SERVICE, PROJECT, BOOKING, PRODUCT, LISTING, ADVERTISING CAMPAIGN, ACCOUNT APPROVAL, OR RESULT WILL MEET EXPECTATIONS. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIELDPORT AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY, ARISING FROM OR RELATING TO THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIELDPORT’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) FEES ACTUALLY PAID BY THE CLAIMANT TO SHIELDPORT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD 100.
These exclusions and limits do not apply to liability that cannot legally be excluded or limited, including liability for ShieldPort’s fraud or willful misconduct where applicable, and mandatory consumer rights remain unaffected. Liability arising solely between a Client and Provider is governed by their agreement and applicable law.
27. Indemnification
To the maximum extent permitted by law, a business user will defend, indemnify, and hold harmless ShieldPort and its affiliates, officers, managers, employees, agents, and contractors from third-party claims, liabilities, losses, damages, penalties, costs, and reasonable legal expenses arising from that user’s unlawful or fraudulent conduct, User Content or Services, employment or contractor relationship, product or professional liability, infringement of another person’s rights, taxes, or material breach of these Terms.
For consumers, this obligation applies only to the extent permitted by applicable law and does not require indemnification for ShieldPort’s own unlawful conduct. ShieldPort may control the defense and settlement, provided it does not agree to an admission or non-monetary obligation binding the indemnifying user without consent, which will not be unreasonably withheld. The user must reasonably cooperate.
28. Force Majeure
ShieldPort is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, epidemics, governmental action, labor disruption, cyber incidents, telecommunications or cloud failure, power failure, Payment Provider interruption, sanctions action, or supply-chain disruption. This section does not excuse payment obligations already due and does not limit rights that cannot lawfully be limited.
29. Governing Law and Court Proceedings
Except where mandatory law requires otherwise, these Terms and disputes directly between a user and ShieldPort are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For a dispute not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there, except that a consumer may bring a claim in another court where mandatory law permits. Either party may seek temporary or preliminary relief in a court of competent jurisdiction as permitted in Section 30.
30. Informal Resolution, Arbitration, and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects how disputes between you and ShieldPort are resolved.
30.1 Informal Notice
Before starting arbitration, either party must send a written notice describing the claimant, facts, legal basis, requested relief, and sufficient account or transaction information to identify the dispute. Notices to ShieldPort must be emailed to [email protected] with the subject “Notice of Dispute.” The parties will attempt in good faith to resolve the dispute for 30 days after receipt. A limitations period is tolled during that period to the extent permitted by law.
30.2 Binding Individual Arbitration
If unresolved, the dispute will be determined by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules for a consumer dispute or its Commercial Arbitration Rules for a business dispute, as applicable and then in effect. The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement. Threshold issues are decided by the arbitrator except where law requires a court to decide them. The arbitrator may award the same individual remedies available in court and will issue a reasoned written decision. Hearings may occur by video, telephone, documents, or in a reasonably convenient location as the applicable rules and law permit.
30.3 Fees and Fairness
Fees will be allocated under the applicable AAA rules and mandatory law. ShieldPort will pay amounts the business is required to pay under the AAA Consumer Rules. If AAA is unavailable or declines administration despite the parties’ compliance, the parties will select a comparable neutral provider or a court of competent jurisdiction may appoint one. Nothing requires arbitration on terms the administrator or a court determines are fundamentally unfair.
30.4 Small Claims, Government Agencies, and Public Relief
Either party may bring an eligible individual claim in small-claims court. A user may report a matter to a government agency authorized to consider it. Either party may seek temporary or preliminary injunctive relief from a court to preserve the status quo, protect confidential information or intellectual property, or prevent imminent harm pending arbitration. A consumer may pursue public injunctive relief in court where applicable law does not permit waiver.
30.5 Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. If this waiver is finally held unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after arbitrable matters are completed, unless applicable law requires otherwise.
30.6 Coordinated Claims
If the number of substantially similar arbitration demands satisfies the threshold for mass arbitration under the applicable AAA rules, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule, if applicable, will govern administration. The parties will cooperate in good faith regarding staged proceedings, test cases, mediation, batching, and fee allocation authorized by those rules. This subsection does not authorize class arbitration and is severable from the remainder of this section.
30.7 Thirty-Day Right to Opt Out
You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms. The notice must state your full name, account email, and a clear request to opt out of arbitration. Opting out will not affect other Terms or use of the Platform, and ShieldPort will not penalize a valid opt-out.
30.8 Future Arbitration Changes
If ShieldPort materially changes this arbitration section after a user accepts it, the user may reject that change by emailing [email protected] within 30 days after notice of the change. Rejection means the prior accepted arbitration language continues to govern; it does not by itself opt the user out of arbitration altogether.
31. Changes to the Platform or Terms
ShieldPort may modify the Platform and these Terms. We will ordinarily provide at least 30 days’ advance notice of a material change that adversely affects users’ rights or obligations, through the Platform, email, or another reasonable method. A shorter period may apply where reasonably necessary to comply with law, address fraud, sanctions, abuse or security risks, respond to a regulator or Payment Provider, prevent imminent harm, or introduce a feature that does not adversely affect accrued rights. The notice will state the effective date.
Changes will not retroactively reduce accrued rights where prohibited by law. Continued use after the effective date constitutes acceptance to the extent permitted by law. If a user does not agree, the user must stop using the affected Services and may close the account subject to outstanding Orders and obligations. A material change to the arbitration agreement remains subject to Section 30.8.
32. Order of Precedence
A separately executed written agreement between ShieldPort and a user controls only for the subject it specifically addresses. An accepted Order and approved change order govern the Client-Provider engagement. The Privacy Policy and Cookie Policy govern ShieldPort’s processing of personal information and cookies. Transaction-specific disclosures control for the applicable fee, Payment Provider, product, booking, or payment feature. If two applicable documents conflict, the more specific document controls for its subject, except that mandatory law always controls.
33. General Provisions
If a provision is invalid or unenforceable, it will be limited or modified to the minimum extent necessary and the remaining provisions will continue, except as specifically stated in Section 30.5. These Terms and incorporated policies are the entire agreement between the user and ShieldPort concerning the Platform, except for a separately executed agreement. Failure to enforce a provision is not a waiver.
Users may not assign these Terms without ShieldPort’s written consent. ShieldPort may assign them in connection with a merger, financing, reorganization, sale of assets, transfer of the Platform, or by operation of law, subject to mandatory rights. No person other than the parties and covered ShieldPort indemnitees has a right to enforce these Terms unless applicable law provides otherwise. Headings are for convenience only.
The official language of these Terms is English. Translations may be provided for convenience. To the extent permitted by law, the English version controls if there is a conflict, except where applicable consumer law requires an interpretation more favorable to the consumer.
34. Contact and Legal Notices
For support, legal inquiries, notices under these Terms, appeals, or intellectual-property complaints:
A Delaware limited liability company
Registered Office: 16192 Coastal Highway
Lewes, Delaware 19958, United States
Email: [email protected]
Website: https://shieldportglobal.com