Terms of Service

Porfoli ("Porfoli," "we," or "us") operates its main website, https://porfoli.com, along with all related subdomains, mobile applications, and services (collectively, the "service(s)" or “platform”). These services are provided to you, an individual user ("you"), for personal use, subject to your compliance with the terms and conditions outlined here.

Acknowledgement

By using Porfoli's services, you agree to comply with our Terms of Service and Privacy Policy. If you do not agree, please refrain from accessing or using the service or its content. You confirm that you are at least 18 years old, as the service is not intended for individuals under 18.

Changes

Porfoli reserves the right to:

• Modify the Terms of Service at any time.
• Change or discontinue any content or feature of the service.
• Introduce fees, charges, or other conditions for using the service, with reasonable notice.

Porfoli may update the service without prior notice, and by continuing to use it, you accept these changes. We recommend checking the service regularly for updates.

Securities and Portfolios Disclosure

The content provided on Porfoli is for informational and entertainment purposes only and should not be interpreted as a recommendation for any specific security, portfolio of securities, transaction, or investment strategy. No content on the platform constitutes personalized advice regarding the suitability, value, or potential of any investment. This includes, but is not limited to, our users, employees, affiliates, third-party service providers, and any other individuals or entities associated with (or in business with) Porfoli.

Investing in securities and portfolios of securities involves significant risks. You understand that an investment in any security or portfolio of securities is subject to a number of risks, and discussions of any security or portfolio of securities published on the Service will not contain a list or description of relevant risk factors. Some securities or portfolios discussed may have low market capitalization or limited public float, increasing their volatility, liquidity risk, and lack of available public information. Additionally, some content may influence stock prices and such discussions do not constitute endorsements or recommendations.

Porfoli features differing opinions on securities and portfolios of securities from a variety of users, and these views may not align with each other or with Porfoli's stance. Users, third parties, or members associated with Porfoli may post about securities or portfolios in which they, their firms, or other related entities have a stake or trade, and they may or may not be subject to disclosure policies.

While performance data on Porfoli comes from reliable sources, we do not guarantee the accuracy, completeness, or timeliness of such data. Information may change over time, and past opinions or content should not be relied upon as a reflection of current market conditions. All content and information shared by anyone associated with or contributing to Porfoli should be considered carefully in light of its general nature and not treated as specific investment advice.

Porfoli does not offer tax, legal, insurance, or investment advice, and nothing on the service should be considered as an offer to sell, solicitation to buy, or recommendation for any security, investment strategy, or service by Porfoli or any third party. You are solely responsible for determining whether any investment, security, strategy, or other product or service is suitable for you, considering your personal financial situation and investment goals. It is your responsibility to assess the risks and benefits of any decision made based on the information or content available on the service. For advice on your specific tax or legal situation, you should consult a qualified attorney or tax professional.

Past performance does not guarantee future outcomes. You should not assume that the future performance of any investment or strategy will meet or exceed past results. All investments carry the potential for loss. No recommendations or advice are provided regarding the suitability of any investment for a particular individual. It should not be assumed that any investments in specific securities, companies, sectors, or markets, whether discussed or identified on the service, were or will be profitable. Porfoli is not a fiduciary by virtue of your use of or access to the service and is not a licensed securities dealer, broker, investment adviser, or investment bank.

User Content Responsibility and License

You are solely responsible for any content you post, share, or transmit through the service, including any portfolios, transactions, and related explanations ("User Content"). You agree not to create, upload, download, post, submit, or distribute any User Content that:

• You did not create or have permission to post.
• Infringes on any intellectual property rights (patents, trademarks, copyrights, etc.), privacy rights, or violates these terms or any laws.
• Is false, misleading, or inaccurate.
• Defames, harasses, threatens, or abuses others.
• Attempts to impersonate someone else.
• Collects or harvests personal data from other users without consent.
• Includes unsolicited advertising, spam, or pyramid schemes.
• Contains sensitive financial or identification information.
• Promises returns or refunds to other users.

You acknowledge that Porfoli does not pre-screen User Content but reserves the right to remove any content that violates these terms or for any other reason at its discretion. You are solely responsible for backing up any User Content you post on the service.

By posting User Content, you grant Porfoli a non-exclusive, perpetual, worldwide license to use, display, copy, distribute, reformat, and create derivative works of your content for purposes related to the service, including promotion. You retain ownership of your User Content, but grant other users a non-exclusive license to access and use your content through the service as allowed by its functionality.

Porfoli may feature your portfolios or any associated trademarks, logos, or content for promotional purposes, including in marketing materials or on social media. You waive any claims related to the use of your content in this manner.

Porfoli also reserves the right to disclose User Content as necessary to comply with legal obligations, enforce terms, protect rights, address safety concerns, or report illegal activities.

User Portfolio Disclosure

Porfoli provides tools that allow users to create, manage, and share portfolios on the service. You are solely responsible for the content of your portfolio, its management, and ensuring that it complies with all relevant laws and regulations, including but not limited to:

• You are fully responsible for any claims, warranties, or representations made in connection with your portfolio.
• You are responsible for managing any feedback, inquiries, or issues related to your portfolio, including those related to changes, content, transactions, and/or general communication.
• You must comply with any relevant consumer protection, securities, and related laws and regulations.

Porfoli cannot guarantee that content provided by users through the service, including portfolios, will always be available, accurate, complete, or up-to-date. You agree that Porfoli is not responsible for examining or guaranteeing the content provided by users through the service, and you will not hold us or our data providers liable for any inaccuracies. As the owner of a portfolio, you agree to ensure that the content directly associated with your portfolio is accurate and up-to-date.

When managing a portfolio, you agree that:

• You are responsible for the accuracy and content of your portfolio and any changes, transactions or posts associated with it.
• Any content that violates Porfoli’s policies may be modified, obfuscated, or removed at our sole discretion.
• We may revise or update data or content related to your portfolio to supplement, remove, or correct information as necessary.
• We may provide optional recommendations or guidance to enhance the management and presentation of your portfolio.

As a visitor to any portfolio, you acknowledge and agree that you will not hold Porfoli or the portfolio owner liable for any content or information published or made available within the portfolio. Neither Porfoli nor any portfolio owner will be held responsible for any content or information associated with portfolios on the platform/service.

Prohibited Use of Porfoli Services

By using the Porfoli platform, you agree not to:

• Use the Service for any unlawful activity or in any way that could damage, disable, overburden, or impair the services’ functionality.
• Impersonate any person or entity, or provide false information about yourself, your identity, or your affiliation with any other entity.
• Share or make publicly available any private information of third parties, such as addresses, phone numbers, email addresses, Social Security numbers, or financial details.
• Post or transmit content that contains viruses, malware, or any other harmful software or code designed to disrupt, damage, or limit the performance of software, hardware, or communication systems.
• Share content that encourages or provides instructions for illegal activities, infringes on the rights of others, or could create legal liability.
• Violate any applicable laws or regulations while using the Service, including securities laws and regulations that prohibit misleading statements or market manipulation.
• Interfere with the proper functioning of the platform or impose an excessive load on its infrastructure.
• Manipulate identifiers or headers to disguise the origin of information transmitted through the service.
• Share information you do not have the right to disclose, such as confidential, proprietary, or inside information obtained through professional or contractual relationships.

Access Rules

Subject to your compliance with these Terms, Porfoli grants you a limited, non-exclusive, and revocable license to access and use the service and its content for your personal, non-commercial purposes. This license strictly prohibits activities such as collecting, aggregating, copying, duplicating, scraping, displaying, or creating derivative works from the service or its content, as well as the use of data mining tools, crawlers, bots, or similar data extraction methods, unless explicitly authorized by Porfoli in writing.

An exception applies to general-purpose internet search engines and non-commercial public archives, which may use such tools solely to index and display hyperlinks to the service. Any other use of the service or its content, including for commercial purposes, requires prior written permission from Porfoli.

Service Availability

Porfoli strives to maintain the availability of its services, but occasional interruptions for maintenance or other reasons may occur. We are not responsible for any errors, disruptions, delays, or failures in the operation of the Service, nor for the loss or unauthorized access to User Content. Additionally, we are not liable for any technical malfunctions or issues related to networks, servers, devices, or software that may result in the loss of data, damage to hardware, or other issues arising from using or accessing the Service.

You acknowledge that your use of the Service and any associated content is at your own risk. Porfoli is not responsible for any personal injury, damage to your devices, or loss of data that may result from interacting with the Service or from any posted content, including content shared by other users.

The Service is provided "as-is," without any guarantees or warranties, express or implied. We do not warrant the accuracy, reliability, or completeness of any content or materials on the Service, nor do we guarantee that the Service will be free of errors, viruses, or other harmful components. You should exercise caution when downloading or using content, and use appropriate software to protect your devices. Any content or materials obtained through the Service are done so at your own discretion and risk.

While we make efforts to ensure the quality of the Service, we cannot control all aspects of the internet or third-party networks. Disruptions in service due to factors beyond our control, such as third-party network issues, are not our responsibility.

Porfoli reserves the right to modify or remove any content or features of the Service at any time without notice. References to third-party products, services, or trademarks do not imply endorsement or sponsorship by Porfoli.

Limitation of Liability

To the fullest extent permitted by law, Porfoli and its affiliates, employees, partners, agents, and representatives are not liable for any damages arising from your use of the Service. This includes, but is not limited to, indirect, consequential, special, incidental, or punitive damages, such as lost profits or data, even if we have been advised of the possibility of such damages.

Our total liability to you, regardless of the cause, will be limited to the amount you paid for the Service in the six months prior to the incident giving rise to the claim. If no fees have been paid, your sole remedy will be for injunctive relief, unless otherwise required by law.

This limitation of liability does not apply to claims arising from our gross negligence, intentional misconduct, or other exceptions as outlined by applicable law. If any laws in your jurisdiction prevent the enforcement of these limitations, you may have additional rights that could affect your claims.

Account Suspension and Termination

If we believe you are misusing our Services, we reserve the right to take action, including but not limited to limiting or suspending your account, removing hosted content, demoting or removing listings, and reversing any special privileges or discounts associated with your account. In such cases, we may also take technical or legal measures to prevent further access to our Services. If we are required to issue refunds due to any suspension or termination of your account, you agree to reimburse us for the refunded amounts.

We may also terminate your account, delete your profile and content, or restrict your access to the Service, with or without notice, for any reason or no reason at all, at our sole discretion. This may include situations where we believe you are under the age of 18.

User Feedback

By providing any questions, comments, suggestions, ideas, feedback, or other information related to the service ("Feedback") to Porfoli, you acknowledge and agree that such Feedback is non-confidential and will become the exclusive property of Porfoli. Porfoli will hold all rights to the Feedback, including any associated intellectual property rights, and may use and distribute it for any purpose, commercial or otherwise, without the need for acknowledgment or compensation to you.

Copyright Policy

At Porfoli, we respect the intellectual property rights of others and prohibit users from posting or transmitting materials that infringe on those rights. If you believe your work has been copied or your intellectual property rights have been violated on our platform, you can submit a copyright infringement notice to us in accordance with the Digital Millennium Copyright Act (DMCA). Please include the following details in your written notice:

• Identification of the copyrighted work that is claimed to be infringed;
• Identification of the allegedly infringing material and its location on the platform;
• Your contact information, including an address, phone number, and email (if available);
• A statement confirming that you believe the use of the material is not authorized by the copyright owner or the law;
• A statement affirming the accuracy of the information provided and that you are authorized to act on behalf of the copyright owner;
• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

For claims involving intellectual property rights other than copyright (e.g., trademarks), please specify the type of infringement in your notice.

Notices of copyright infringement can be sent to contact@porfoli.com. We will respond promptly to valid DMCA notices. In appropriate circumstances, we may disable or terminate the accounts of users who repeatedly infringe on intellectual property rights.

For more information on the DMCA, please visit the U.S. Copyright Office.

Third-Party Services Disclaimer

Porfoli may provide links or access to third-party websites, apps, products, or services ("Third-Party Services") for your convenience. However, Porfoli does not review, control, or endorse these services, and is not responsible for any content, products, or resources provided by third-party service providers. The inclusion of these links does not imply endorsement by Porfoli, and your use of any Third-Party Services is at your own risk.

Porfoli does not make any warranties or representations regarding Third-Party Services and is not liable for any issues arising from their use, even if they are accessed through our platform. By using any Third-Party Services available through Porfoli, you agree to comply with the terms and conditions set by the third-party providers.

Porfoli is not responsible for any transactions, trades, or activities conducted through third-party services.

Intellectual Property and Ownership

Porfoli values its intellectual property and data rights. All content and materials on the platform, including software, logos, designs, text, images, and other elements, are owned, licensed, or controlled by Porfoli, except for User Content, which remains the property of the user who posts it.

Porfoli’s intellectual property includes copyrights, trademarks, trade secrets, and patents, and is protected by applicable laws. All software, logos, page layouts, graphics, and other content on the platform are solely owned by Porfoli or its licensors. This includes the rights to create derivative works from the platform’s content.

Porfoli reserves all rights related to its content and services (other than User Content) and may use its content for promotional purposes.

Additionally, by becoming a paying customer of Porfoli, you consent to being identified in promotional materials and presentations using your name, logo, and a description of the services provided to you.

Privacy and Communication Consent

At Porfoli, we value your privacy. By using our platform, you consent to the collection, transfer, and processing of your personal data, which may occur in the United States. As part of providing the Service, we may send you important communications related to your account, such as service updates or administrative messages, which you may not be able to opt out of.

We may also contact you via automated calls or text messages at the phone number you provide for purposes related to your account, including: (i) account notifications, (ii) troubleshooting, (iii) resolving issues or disputes, (iv) collecting outstanding balances, (v) conducting surveys, or (vi) any necessary communication related to our Service or legal obligations. If you consent, we may also use this method to send marketing offers or promotions. Your personal information will be handled in accordance with our Privacy Policy.

Dispute Resolution and Arbitration

Informal Resolution First: If you have a dispute with Porfoli, we ask that you first contact us to attempt to resolve the issue in good faith before pursuing formal resolution methods, including legal action.

Binding Arbitration: If the dispute cannot be resolved informally, it will be settled through binding arbitration, not in court. This includes any claims relating to your use of Porfoli’s services, communications with other users, or content on the platform. Arbitration is less formal than a court trial and is conducted by a neutral arbitrator. Both parties waive the right to a jury trial and agree not to participate in any class or representative actions.

Opting Out of Arbitration: You may opt out of this arbitration process by sending us a request within 30 days of first using our services. If you choose to opt out, you will not be subject to this arbitration agreement, and you can pursue any claims in court instead. Opting out can be achieved by sending an email to contact@porfoli.com.

Arbitration Procedures: Arbitration will be administered by the American Arbitration Association (AAA) under its rules. The arbitration will take place in your county or another mutually agreed location. If the dispute is small (less than $10,000), we will cover certain fees, unless the arbitrator finds the claim frivolous. Arbitration awards are final and can be enforced in court.

Class Action Waiver: Claims must be brought individually, not as part of a class action. Neither you nor we can participate in or bring any class, collective, or representative action, whether in court or arbitration. If any part of this waiver is unenforceable, only a court— not the arbitrator—can decide that. If this waiver is unenforceable, the entire arbitration agreement will be void.

Legal Rights and Governing Law: This arbitration agreement applies to all disputes and will survive the termination of your account. The laws of the relevant jurisdiction will govern any disputes not resolved through arbitration.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. However, the Federal Arbitration Act will apply to the Arbitration Agreement. If arbitration does not apply to a particular claim, or if you choose to opt out of the arbitration process, you agree that any legal action will be exclusively resolved in a court located in Delaware. You and Porfoli both consent to the personal jurisdiction of Delaware courts for resolving any claims outside of arbitration.

Please note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Additionally, your use of the Service may be subject to other relevant laws depending on your location.

Indemnification

To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless Porfoli, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, contractors, and partners from any and all claims, losses, damages, liabilities, expenses, and costs (including reasonable attorney’s fees) arising from your use of the Service. This includes, but is not limited to, your actions related to the Service, any Third-Party Services you use, any content you post or share, interactions with other users, and violations of these Terms or applicable laws, regulations, or third-party rights.

This indemnification will remain in effect even if you stop using the Service. You also agree to hold Porfoli and its licensors harmless for any improper or unlawful use of your account, including any unauthorized use by individuals you have permitted to access your account.

Equitable Remedies

You acknowledge that any breach of these Terms could cause irreparable harm to Porfoli. As such, you agree that Porfoli is entitled to seek immediate equitable remedies, including injunctions, without the need for posting a bond, providing security, or proving damages, in addition to any other legal remedies available under applicable law.

Apple App Store Terms

If you're using the Porfoli App from the Apple App Store, the following additional terms apply. In the event of any conflict between these terms and the general Terms of Service, these App Store-specific terms will govern with respect to the App.

You acknowledge that these Terms are between you and Porfoli, not Apple, and that Apple is not responsible for the App or its content. Your use of the App must comply with the Apple App Store Terms of Use.

Apple has no obligation to provide maintenance or support services for the App. If the App fails to meet any applicable warranty, you may contact Apple for a refund of the purchase price (if any). Apple’s responsibility for warranty claims is limited to the refund and does not extend beyond that.

In the event of any third-party claims regarding the App, including product liability, legal non-compliance, or consumer protection issues, Porfoli, not Apple, is responsible for resolving these claims. Additionally, Porfoli will handle any claims related to intellectual property infringement arising from your use of the App.

You agree to comply with all relevant third-party agreements when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, by accepting them, Apple can enforce these Terms as they relate to your use of the App.

Google Play Terms

If you download the Porfoli App from Google Play, the following terms apply. In the event of any conflict between these Terms and the Google Play Terms of Service or Google Play Business and Program Policies (collectively, the "Google Play Terms"), the Google Play Terms will take precedence regarding your use of the App obtained through Google Play.

Both you and Porfoli acknowledge that Google is not responsible for ensuring compliance with these Terms or the Google Play Terms by either party or any other user.

Miscellaneous

The Service is intended for individuals residing in jurisdictions where its content is legally permitted. We do not guarantee that the materials on the Service are suitable or accessible in other locations. If you access the Service from outside these areas, you do so at your own risk and are responsible for ensuring compliance with applicable local laws. We reserve the right to restrict access to the Service or its content to specific individuals, regions, or jurisdictions, and may limit the availability of services or products at our discretion.

These Terms of Service, along with all related policies, represent the complete and exclusive agreement between you and Porfoli regarding your use of the Service, superseding all prior agreements. The Terms and your relationship with Porfoli are governed by Delaware law, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of courts in Delaware, waiving any objections related to jurisdiction, venue, or inconvenient forum. If any part of these Terms is deemed invalid or unenforceable, the rest will remain in full effect. Any headings in these Terms are for convenience only and do not define the provisions they accompany. We may require a signed non-electronic version of these Terms.

Contact Us

If you have any questions or concerns about our terms of service, you can contact us by email at contact@porfoli.com.