Your use of a Portal-branded device (“Portal”) is governed by the Facebook Terms of Service (located at facebook.com/terms/), these Supplemental Portal Terms of Service (“Portal Terms”) and, if you are using a Portal for commercial, business or non-personal purposes, the Portal Commercial Terms (“Portal Commercial Terms” located at portal.facebook.com/legal/commercial-terms/), which together form an agreement between you and Facebook Ireland Limited (“Facebook” or “we” or “us” or “our”). References to “you” herein mean any user of a Portal. Our Supplemental Portal Data Policy (located at portal.facebook.com/legal/data-policy/) supplements the Facebook Data Policy (located at facebook.com/policy) which together explain how we collect, use, and share information when you use a Portal. The term “Facebook Products” as used in our terms and policies includes Portals. By using a Portal, you agree to these Portal Terms and the Facebook Terms of Service, which each form part of the agreement between you and Facebook. We will process your personal data as necessary to provide the services described in these Portal Terms and the Facebook Terms of Service (including, for example, processing your contacts to make calls and your voice information to allow voice commands). Certain Facebook Company Products that are not Facebook Products are also available for use on a Portal, and your use of them is subject to the relevant terms and conditions for those Facebook Company Products (including relevant data policies). In addition, certain Third-Party Services (as defined below) are also available on a Portal, and your use of those services may be subject to the terms, conditions and policies governing those Third-Party Services (see Section 3 below for further details), which may include limitations or prohibitions on commercial use of such services.
Your responsibility for your use of a Portal. If you use a Portal for your personal, non-commercial use (referred to herein as “personal use”), your use is subject to these Portal Terms and the Facebook Terms of Service, and any other applicable terms made available by us in accordance with the applicable provisions set out below relating to the Portal. If you use a Portal for commercial, business, or other non-personal purposes (referred to herein as “commercial use”), that use is also subject to the Portal Commercial Terms. Except to the extent such restriction is prohibited under applicable law, you will not disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from, a Portal or any software or services made available on or through a Portal, including Third-Party Services (as defined below). You are also responsible for complying with all applicable laws when using a Portal, including providing any notice or obtaining any consents, including to the extent required under privacy or data protection laws.
Your responsibility for other users of a Portal. Each user who logs into a Portal to create a profile on the Portal is referred to in these Portal Terms as an “Owner” of the Portal. If you are an Owner of a Portal, you are responsible for the activities of all users on the Portal, including activities of other Owners and non-Owners (users who do not have a profile on the Portal), and for their compliance with these Portal Terms. An Owner can allow non-Owners to have different types of access on Portal, including allowing non-Owners to access certain software, services, and content (including Third-Party Services (as defined below)). We encourage each Owner to exercise caution in setting access modes and providing access to or use of a Portal to non-Owners. If you are an Owner of a Portal and allow non-Owners to access or use the Portal, you understand and agree that these non-Owners may have access to your Portal-related accounts, software, services, and content (including Third-Party Services) on the Portal, and access to other information stored on or made available through the Portal.
Your responsibility for use of third-party software, services, and content on a Portal. Portals can be used to access certain user-facing software, services, and content provided by third parties (“Third-Party Services”). Your use of Third-Party Services is at your own risk. Use of a Third-Party Service may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, “Third-Party Terms”). If you are an Owner, you are responsible for complying with any applicable Third-Party Terms and we recommend that you review any applicable Third-Party Terms before using Third-Party Services. We will exercise professional diligence in relation to any Third-Party Services that we actively choose to make available on Portal, but we assume no obligations or liability with respect to any other Third-Party Services, and we make no representations or warranties with respect to them. The features, functionality, or availability of a Third-Party Service may change or be discontinued, in accordance with these Portal Terms or the applicable Third-Party Terms. We may install new Third-Party Services on Portals as well as upgrades, updates, and additional features for earlier installed Third-Party Services. Some Third-Party Services may constitute core features of Portals and may be pre-installed or installed by us with no additional notice to you upon initial set-up of a Portal or after a Portal is already in use. Any new installation of or update to a Third Party Service that amounts to a change by us to the main characteristics of the overall digital content on a Portal will be notified to you in advance and you will have an opportunity to control whether that change has effect on the Portal and to refuse it if you do not agree with it. Third-Party Services can be uninstalled or deactivated by you. Also, if you are removed as an Owner from a Portal and you had connected such Portal to a Third-Party Service, the Portal may still provide access to that Third-Party Service through use of your Third-Party Service account credentials, unless you take action to discontinue access to that service on the Portal (e.g., by changing the applicable account settings for the relevant Third-Party Service).
Functionality may change or be limited. The Portal’s functionality, performance, or both may change over time, subject to the terms in this Section. We may introduce new features (including new Facebook Products, Facebook Company Products or Third-Party Services), impose limits on, suspend, eliminate, change, or update certain existing features (including Facebook Products, Facebook Company Products or Third-Party Services) or any part of a Portal’s services, or restrict access to parts or all of a Portal. Any obligation we have to make such features and functionality available to you is therefore subject to the ongoing availability of that particular feature and functionality on Portal. Any change we make to the main characteristics of the overall digital content on a Portal will be notified to you in advance and you will have an opportunity to control whether that change has effect on the Portal and to refuse it if you do not agree with it, in each case unless the change is required by law or consists of a mere technical improvement of the Portal. Certain Portal features may require a Facebook account. If our software is downloaded to a Portal or used by you, you give us permission to download and install upgrades, updates, and additional features for the software where available provided that the software shall always, unless you and we agree otherwise, match the description of it that we originally provided to you. For clarity, this right includes permission to download and install upgrades, updates, and additional features to software embedded on your device, including during device setup.
Account suspension or termination. If we determine, acting reasonably, that you have breached the terms or policies applicable to a Portal, including the Facebook Terms of Service, the Portal Terms, the Portal Commercial Terms, or Third-Party Terms, or if Facebook suspends or disables your account, your access to or use of the Portal may be suspended or disabled, and you may lose access to or use of part or all of the services offered by Facebook or third parties through the Portal.
NO ACCESS TO EMERGENCY SERVICES. There are important differences between a Portal and a mobile or fixed-line telephone service. A Portal does not provide access to emergency services or emergency service providers (including the police, fire departments, or hospitals), or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency service providers through a mobile, fixed-line telephone, or other service.
Updates to these Portal Terms. We work constantly to improve our services and develop new features to make our Facebook Products better for you and our community. As a result, we may need to update these Portal Terms or the Portal Commercial Terms from time to time to accurately reflect our services and practices. We will only make any changes where we have a valid reason, for instance if the provisions are no longer appropriate or if they are incomplete and only if the changes are reasonable and take due account of your interests. We will notify you (for example, by email or through Portal) at least 30 days before we make changes to these Portal Terms or the Portal Commercial Terms, and give you an opportunity to review them before they go into effect and to stop using the Portal services if you do not agree with the changes, unless the changes are required by law. Once any updates to these Portal Terms or the Portal Commercial Terms are in effect, you will be bound by them if you continue to use a Portal.
Third-party fees and costs. You are responsible for the fees, costs, and other charges, such as internet usage or utilities fees, associated with use of a Portal, as well as fees, costs, or other charges associated with Third-Party Services.
Reserved rights. Except for title to physical Portal hardware sold to you pursuant to the Portal Terms of Sale (but not the software and content thereon or other intellectual property rights therein or thereto), the Facebook Products are the property of Facebook, its affiliates, or its licensors, and are protected by copyright, trademark, and other laws of the United States and other countries.
Disclaimers and limitations of liability
Nothing in these terms excludes or limits our liability for death or personal injury, for fraud or fraudulent misrepresentation, for willful misconduct or gross negligence, or for breach of your statutory rights.
We will exercise professional diligence in providing the Facebook Products and services to you and in seeking where reasonably possible to keep a safe, secure, and error-free environment. Provided that we have reasonably acted with professional diligence, we will not accept responsibility or liability for any losses: (i) not caused by our breach of these terms or otherwise by our acts; (ii) that are not reasonably foreseeable by you and us at the time of entering into these terms; or (iii) arising out of or in connection with events that are beyond our reasonable control and which we cannot avoid through appropriate measures and which could not reasonably have been foreseen at the time we entered into our contract with you.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING A PORTAL, WHICH ARE AVAILABLE AT PORTAL.FACEBOOK.COM/LEGAL/SAFETY/.
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO A PORTAL, ACCESSORIES, OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR OTHER POTENTIAL HAZARDS. PLEASE ENSURE THAT EVERYONE USING A PORTAL (INCLUDING YOU) FIRST REVIEWS THESE WARNINGS AND INSTRUCTIONS (AND ANY UPDATES TO THEM), AND ACTS AT ALL TIMES IN ACCORDANCE WITH THEM.
Portals are covered by a Limited Consumer Warranty (located at portal.facebook.com/warranty/) offered by Facebook Technologies, LLC. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country. This warranty is in addition to, and does not affect any rights you have under the laws in your jurisdiction concerning the sale of consumer goods (including, without limitation, national laws implementing EC Directive 44/99/EC). Nothing in these Portal Terms between you and Facebook is intended to either abridge or expand the scope of that Limited Consumer Warranty or the statutory warranty provided in your jurisdiction.
In the event that you have any dispute with us that is connected to these Portal Terms or the Portal Commercial Terms, you may contact us at firstname.lastname@example.org and we will endeavor to resolve this dispute. If you are not happy with how we resolve this dispute or you do not want to engage directly with us in relation to it, you are informed that an alternative dispute resolution procedure is offered by the European Commission through the platform for Online Dispute Resolution available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show
If you are a consumer and are a resident of the UK or an EU Member State, the laws of that country will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Portal Terms or the Portal ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the law and courts applicable to these Portal Terms, their formation, interpretation, performance, and termination and any dispute relating to any of them shall be determined as set out in the Portal Commercial Terms.
For avoidance of doubt, if any portion of these Portal Terms or the Portal Commercial Terms is found to be unenforceable (including but not limited to the Terms of this Section), the remaining portion will remain in full force and effect. If we fail to enforce any of the Portal Terms or the Portal Commercial Terms, it will not be considered a waiver.
Transfer and Trade Compliance. Portals are only intended for use in the Supported Countries. Certain device functionality and services may not be accessible outside of the Supported Countries. You will not, and will not allow others to, use, distribute or transfer, any Portal in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the United States, the European Union, the United Kingdom, Member States of the European Union, and any other applicable governmental authority. Portals may not be resold, transferred, or otherwise disposed of in a country subject to an embargo imposed by, or to a person or organisation sanctioned by, the United States, the European Union, the United Kingdom, or a Member State of the European Union without obtaining required approvals.
Termination. These Portal Terms are effective until terminated, and will terminate when the Facebook Terms of Service between you and us is terminated. Upon such termination, the provisions in Sections 6-12 of these Portal Terms will remain in place and survive termination.
Assignment. These Portal Terms do not confer any third-party beneficiary rights. You agree that all of our rights and obligations under these Portal Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
These Portal Terms and the Facebook Terms of Service (and any terms that apply as a result of references in those terms), and, if applicable, the Portal Commercial Terms or a Product Testing Agreement, make up the entire agreement between you and Facebook, regarding your use of a Portal, and supersede any prior agreements between you and us regarding such use. A “Product Testing Agreement” is a product testing agreement, beta testing agreement, or similar agreement pursuant to which you use a Portal.
In the event of a conflict between a Product Testing Agreement, on the one hand, and these Portal Terms and/or the Facebook Terms of Service, on the other hand, the Product Testing Agreement shall govern to the extent of the conflict. In the event of a conflict between these Portal Terms and the Facebook Terms of Service, these Portal Terms shall govern to the extent of the conflict. Nothing in these Portal Terms or the Portal Commercial Terms limits any of our rights under the Facebook Terms of Service or any additional terms that they reference.
To the extent that you are using Facebook Products in your capacity as a developer of software or content for use on Portals, you acknowledge and agree that our agreements with you as a developer supplement these Portal Terms and the Facebook Terms of Service, and, to the extent applicable, the Portal Commercial Terms, and will govern to the extent of any conflict between such agreements, on the one hand, and these Portal Terms, the Facebook Terms of Service, and/or the Portal Commercial Terms, on the other hand.
Date of Last Revision: January 8, 2021
Receive emails from Facebook about Portal and other Facebook hardware products.
“Hey Portal” voice command availability varies. Learn more. Screen images simulated. User experience may vary. Requires wireless Internet connection and Facebook or WhatsApp account. WhatsApp is not available on tablets. Features, functionality and content vary and may not be available on all Portal models or in all areas and languages. Some features may require a Facebook account and downloading the Portal mobile app. Additional account registration, terms and fees may apply.
*Represents savings off regular, non-promotional prices. Both products must be purchased on same receipt to qualify. Valid on qualifying purchases at portal.facebook.com. Not valid on prior purchases and non-transferable. Not valid for cash or cash equivalent. Valid on in-stock products only. Offer may be cancelled or modified at any time without notice. Void where prohibited.
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