Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") apply to all users ("you" or "your") accessing or using Portfellow's website (https://portfellow.com), platform (https://app.portfellow.com), and associated services provided by Portfellow Technology OÜ ("Portfellow", "we", "us", or "our"). By using our services, you agree to be bound by these Terms. If you do not agree, you must not use Portfellow.

Portfellow provides software tools to manage portfolios and investments. These Terms govern your use of the software, subscription plans, and any other interactions with the platform.

2. Definitions

2.1 "Platform" refers to Portfellow's website, web application, or any service or software provided by Portfellow.

2.2 "User" refers to any individual or legal entity using Portfellow's services.

2.3 "Subscription Plan" refers to the paid or free access levels available to users.

2.4 "Data" refers to any information entered by the user, including but not limited to personal data, portfolio data, and financial data.

3. Acceptance of Terms

3.1 By registering an account with Portfellow, you acknowledge that you have read, understood, and agree to comply with these Terms.

3.2 Portfellow reserves the right to update or revise these Terms at any time. You will be notified of material changes, and continued use of the Platform following such changes constitutes your agreement to the modified Terms.

4. User Obligations

4.1 Account Creation: You are responsible for providing accurate and up-to-date information during registration and for maintaining the confidentiality of your account credentials.

4.2 Permitted Use: You may use Portfellow solely for managing your personal or business portfolios. Any misuse of the platform, including the transmission of harmful files, unauthorized access to data, or fraudulent activity, is strictly prohibited.

4.3 Account Management: Users are allowed one active account. Duplicate accounts may be removed. You are responsible for all activity conducted through your account.

4.4 Compliance: You are responsible for ensuring your use of Portfellow complies with applicable laws, including financial regulations and data privacy laws (e.g., GDPR if applicable).

5. Subscription Plans, Fees, and Renewal

5.1 Paid Subscriptions: Access to certain features and services on Portfellow may require a paid subscription ("Paid Subscription"). By signing up for a Paid Subscription, you agree to pay the applicable fees as displayed on the Portfellow website.

5.2 Taxes: Unless otherwise stated, all fees for the Paid Subscription exclude applicable federal, state, local, or other governmental taxes ("Taxes"). You are responsible for paying all applicable Taxes related to your use of the Paid Subscription.

5.3 Payment: You authorize Portfellow and its designated payment processors (such as Stripe, Inc.) to charge the payment method provided by you for all fees associated with your Paid Subscription.

5.4 Automatic Renewal: To ensure uninterrupted service, Paid Subscriptions will automatically renew at the end of the applicable subscription period unless canceled prior to the renewal date.

5.5 Managing and Canceling Subscriptions: You can manage or cancel your Paid Subscription at any time by accessing your account settings.

5.6 Fees and Changes: Portfellow reserves the right to modify the subscription fees and terms at any time.

5.7 Refunds: Unless required by law, all payments for Paid Subscriptions are final, and Portfellow is under no obligation to provide refunds or credits for any unused services or features.

6. Data Ownership and Privacy

6.1 Ownership: You retain ownership of all data you upload to Portfellow. By submitting data, you grant Portfellow a license to use and process the data as necessary to deliver the service.

6.2 Data Security: We implement reasonable security measures, including encryption, to protect your data. However, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

6.3 Data Usage: We do not sell your data to third parties. We will only use it to improve our services or as required by law.

6.4 Third-Party Services: Portfellow may integrate with third-party providers (e.g., payment processors), and any data shared with these providers is subject to their privacy policies.

7. Service Availability and Performance

7.1 Service Uptime: Portfellow aims to provide 99% uptime, but we do not guarantee uninterrupted access.

7.2 Liability for Downtime: We will not be held liable for any losses you incur as a result of service downtime.

7.3 Service Interruptions: If planned downtime exceeds normal maintenance periods, we will notify you in advance where feasible.

8. License to Use Website and Services

8.1 Ownership: Portfellow Technology OÜ and/or its licensors own all intellectual property rights related to the website and platform.

8.2 Limited License: Portfellow grants you a non-exclusive, non-sublicensable, non-transferable, revocable, and limited license to access and use the Services for your personal or internal business use.

8.3 Termination of License: Portfellow reserves the right to terminate your license to use the Services at any time if you breach these Terms.

9. Limitation of Liability

9.1 No Financial Advice: Portfellow provides tools for portfolio management and reporting but does not offer financial advice.

9.2 No Tax Advice: Any tax-related reports generated by Portfellow should not be considered professional tax advice.

9.3 Limitation of Damages: To the maximum extent permitted by law, Portfellow is not liable for any indirect, incidental, or consequential damages.

9.4 Disclaimer of Warranties: The service is provided on an "as is" and "as available" basis.

10. Account Users and Third-Party Access

10.1 Account Users: If you authorize a third party to access your Portfellow account, you are responsible for managing their access level.

10.2 Third-Party Responsibility: You are liable for any actions taken by the Account User on your behalf.

10.3 Data Access: You agree that Account Users will have access to the data you have input into Portfellow.

11. Termination and Suspension

11.1 Termination by User: You may terminate your account at any time with one month's written notice.

11.2 Termination by Portfellow: We reserve the right to terminate or suspend your account without notice if you violate these Terms.

11.3 Post-Termination: Upon termination, all data associated with your account will be permanently deleted.

12. Dispute Resolution

12.1 Resolution Process: Both parties agree to make reasonable efforts to resolve disputes amicably before taking legal action.

12.2 Governing Law: These Terms are governed by the laws of the Republic of Estonia. Any disputes shall be subject to the exclusive jurisdiction of Estonian courts.

13. Force Majeure

Portfellow is not liable for any failure or delay in providing services due to causes beyond our reasonable control, including but not limited to natural disasters, wars, strikes, or internet outages.

14. AI Features – Acceptable Use

14.1 Scope: Portfellow offers AI-powered features such as portfolio summaries, report explanations, and analytical insights ("AI Features"). These clauses apply whenever you use any AI Feature.

14.2 Review and Verification: AI output may be incomplete, outdated, or inaccurate. You must independently review and verify any AI-generated content before relying on it, and you remain solely responsible for any decisions made on its basis.

14.3 Not Financial, Tax, or Legal Advice: AI-generated summaries and analysis are provided for informational purposes only and do not constitute financial, investment, tax, or legal advice. You should consult a qualified professional before acting on AI output.

14.4 Sensitive Data: You must not submit special categories of personal data, credentials, or other sensitive information into AI Features beyond what is reasonably required to use the service.

14.5 Opt-Out: AI Features are enabled by default. You may disable them at any time in your account settings. Disabling AI Features prevents future AI processing of your data; content previously generated by AI remains in your account until you delete it. You may re-enable AI Features at any time.

14.6 Prohibited Use: You must not (a) reverse engineer, decompile, or otherwise attempt to derive the models, prompts, or system design behind the AI Features; (b) use AI Features or their output to develop, train, fine-tune, or benchmark any competing product, service, or model; (c) extract AI output at scale or use it to provide services to third parties; (d) circumvent rate limits, usage caps, safety filters, or any other technical restriction; or (e) use the AI Features in any way that violates applicable law.

14.7 Consent to Processing: By using AI Features, you consent to the transmission of the relevant portfolio, report, and account data to our AI providers solely for the purpose of generating the requested output.

15. Our AI Services

15.1 Providers: AI Features are powered by vetted third-party large language model providers (for example, Google Gemini accessed via the Lovable AI Gateway). We may change providers, models, or feature scope at any time to maintain quality, availability, or security.

15.2 Data Handling: Data sent to AI providers is processed only to generate your requested output and is subject to our Privacy Policy and the data-processing terms of the relevant provider. We do not authorize providers to use your data to train their foundation models.

15.3 No Guarantee of Accuracy: We do not warrant that AI output will be accurate, complete, current, or fit for any particular purpose. AI Features are provided on an "as is" and "as available" basis.

15.4 Availability: We may rate-limit, suspend, or discontinue any AI Feature at any time, including for cost, safety, regulatory, or operational reasons, without liability to you.

16. AI-Related Liability and Indemnity

16.1 No Liability for AI Decisions: To the maximum extent permitted by law, Portfellow is not liable for any loss or damage arising from AI output, your reliance on AI output, or any investment, tax, or other decision you make on the basis of AI Features.

16.2 Indemnity: You will indemnify Portfellow against any claims, losses, or costs arising from your misuse of AI Features, including any breach of clause 14.6 or any attempt to reverse engineer or commercialize the AI Features.

16.3 Breach: A breach of the AI acceptable-use rules in clause 14 is a material breach of these Terms and may, in addition to any other remedy, result in suspension or termination of your account under clause 11.