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. Fees may include one-time charges and/or recurring fees. Recurring fees will be billed or charged in the automatically renewing interval (e.g., monthly or annually) that you select when signing up, on a pre-pay basis until you cancel.
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. If Portfellow is required to pay or collect Taxes on your behalf, you agree that such amounts will be charged to you in addition to the applicable subscription fees.
5.3 Payment: You authorize Portfellow and its designated payment processors (such as Stripe, Inc.) to charge the payment method provided by you (e.g., credit card or PayPal) for all fees associated with your Paid Subscription. If your payment method fails or is declined, Portfellow may immediately revoke your access to the Paid Subscription without further notice. You agree to update your payment information promptly to avoid disruptions in your access to the services.
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. You authorize Portfellow to charge your payment method for the renewal period at the then-current subscription fee. Renewal periods will be the same length as the original subscription period (e.g., monthly or annually) unless otherwise indicated. You will be notified via email before renewal, and any applicable changes to the subscription fee will be communicated in advance.
5.5 Managing and Canceling Subscriptions: You can manage or cancel your Paid Subscription at any time by accessing your account settings. If you cancel your Paid Subscription, your access to paid features will continue until the end of the current subscription period, after which your subscription will not renew, and you will not be charged further. No refunds will be provided for any unused portion of a subscription period.
5.6 Fees and Changes: Portfellow reserves the right to modify the subscription fees and terms at any time. If subscription fees are increased, you will be notified in advance and given the opportunity to cancel your Paid Subscription before the new fees are applied. Continued use of the Paid Subscription after fee changes will constitute acceptance of the new fees.
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. Refunds, if offered, will be at Portfellow’s sole discretion.
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. We are not liable for how third parties handle your data.
7. Service Availability and Performance
7.1 Service Uptime: Portfellow aims to provide 99% uptime, but we do not guarantee uninterrupted access. The service may be temporarily unavailable for maintenance, upgrades, or other reasons beyond our control.
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 (https://portfellow.com), platform (https://app.portfellow.com), and any content or materials available on the platform (collectively, the “Services”). All such rights are reserved unless otherwise stated.
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, subject to the restrictions set forth in these Terms. This license is granted solely to enable you to use the Services as intended by Portfellow.
8.3 Permitted Use:
You may:
– Access and use the Services for managing your personal or business portfolios;
– View and download content made available by Portfellow for caching purposes;
– Print pages or content from the website for your personal or internal business use.
8.4 Prohibited Use:
You must not:
– Sell, rent, or sublicense any material from the Services;
– Reproduce, duplicate, copy, or otherwise exploit content from the Services for commercial purposes, unless expressly permitted by Portfellow;
– Use the Services to create derivative works or engage in any unauthorized use of Portfellow’s intellectual property.
8.5 Public Use: You are permitted to publicly share your investment results or use material from the Services in personal blogs, social media, YouTube videos, or other platforms, provided that such use is non-commercial and appropriate attribution is given to Portfellow where applicable.
8.6 Termination of License: Portfellow reserves the right to terminate your license to use the Services at any time if you breach these Terms or engage in any unauthorized use of the platform. Upon termination, you must cease all use of the Services and delete any material you have downloaded or printed that violates these Terms.
8.7 No Rights Granted: Except for the limited license explicitly granted in this section, you do not acquire any ownership rights, title, or interest in any content, data, software, or other materials made available through the Services. All intellectual property rights not expressly granted in these Terms are reserved by Portfellow and its licensors.
9. Limitation of Liability
9.1 No Financial Advice: Portfellow provides tools for portfolio management and reporting but does not offer financial advice. You should seek independent advice before making financial decisions.
9.2 No Tax Advice: Any tax-related reports generated by Portfellow should not be considered professional tax advice. You are responsible for consulting a tax advisor.
9.3 Limitation of Damages: To the maximum extent permitted by law, Portfellow is not liable for any indirect, incidental, or consequential damages, including loss of profits or data. In all cases, Portfellow’s total liability is limited to the subscription fees paid by you in the previous 12 months.
9.4 Disclaimer of Warranties: The service is provided on an “as is” and “as available” basis, and we make no warranties, either express or implied, about the platform’s availability, accuracy, or suitability for any purpose.
10. Account Users and Third-Party Access
10.1 Account Users: If you authorize a third party (an “Account User”) to access your Portfellow account, you are responsible for managing their access level and ensuring they comply with these Terms.
10.2 Third-Party Responsibility: You are liable for any actions taken by the Account User on your behalf. Portfellow is not responsible for any disputes between you and an Account User regarding their use of your account.
10.3 Data Access: You agree that Account Users will have access to the data you have input into Portfellow, and Portfellow has no obligation to provide access to this data to anyone other than the authorized Account User or as required by law.
11. Links to and from Portfellow
11.1 Third-Party Links: From time to time, Portfellow may include links to third-party websites or services. These links are provided for your convenience, and Portfellow does not endorse or assume responsibility for the content, accuracy, or security of these external sites.
11.2 Embedded Content: Some content on Portfellow may be embedded from third-party sites. By accessing this content, you acknowledge that it is subject to the terms and conditions of the third party.
11.3 Creating Links to Portfellow: You may not create a link to any page of Portfellow (other than the homepage) without our prior written consent.
12. Termination and Suspension
12.1 Termination by User: You may terminate your account at any time with one month’s written notice. No refunds will be provided for the unused portion of the billing period.
12.2 Termination by Portfellow: We reserve the right to terminate or suspend your account without notice if you violate these Terms or if your use compromises the platform’s security or performance.
12.3 Post-Termination: Upon termination, all data associated with your account will be permanently deleted, and you will no longer have access to the platform.
13. Dispute Resolution
13.1 Resolution Process: Both parties agree to make reasonable efforts to resolve disputes amicably before taking legal action.
13.2 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.
14. 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.
Terms and conditions of sale are established by a member of the board of Portfellow Technology OÜ 15.04.2024
Updated on the 15th of April 2024