These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "your") and Portfolio Lab ("Portfolio Lab," "we," "us," or "our") regarding your use of our website, www.portfoliolab.com, and all related services, features, content, applications, and products (collectively, the "Services"). Please read these Terms carefully.
By registering for an account, accessing or using the Services, or otherwise affirming your acceptance of these Terms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, you must not access or use the Services.
We may make changes to these Terms from time to time. If we do so, we will post the updated Terms on our website, and will indicate the date of the latest revision. Your continued use of the Services after the revised Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements.
In order to access certain features of the Services, you must register for an account. You must provide accurate and complete information when creating your account, and you must keep your account information up-to-date. You must not transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
You may be required to pay fees to access and use certain features of the Services. All fees are payable in advance, in the currency and payment method specified on the applicable purchase page. All fees are non-refundable. We may change the fees for our Services at any time.
The Services may allow you to connect your account with Plaid, Inc. ("Plaid"), a third-party payments platform. By connecting your account with Plaid, you agree to be bound by Plaid's terms of service and privacy policy. You are solely responsible for any fees or other charges imposed by Plaid.
The Services may offer portfolio management features that allow you to monitor and manage your investments. You are solely responsible for the investments you make, and you must ensure that your investments comply with all applicable laws and regulations. We are not responsible for any losses or damages resulting from your investments.
You must not use the Services for any illegal or unauthorized purpose. You must not, in your use of the Services: (a) violate any laws; (b) infringe upon or violate any third-party rights; (c) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services; (d) attempt to or actually access, or collect any information of other users, or any other information not intentionally made available or provided for through the Services; (e) attempt to or actually circumvent any security mechanism of the Services; (f) use the Services in any manner that violates these Terms; or (g) use the Services for any commercial or other purposes that are not expressly permitted by these Terms.
The Services may allow you to upload, post, store, send, or receive content ("Content"). You are solely responsible for your own Content and the consequences of sharing it with others. You represent and warrant that you own all of your Content or you have all rights that are necessary to grant us the license rights in your Content as described below. You also represent and warrant that your Content does not violate these Terms or the rights of any third party. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "User Content") that you submit, post, and display on the Services.
By submitting, posting, or displaying User Content on the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid up, transferable, sublicensable, and perpetual license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new services.
We are not responsible or liable for the accuracy, completeness, appropriateness, or legality of User Content or any other information you may be able to access using the Services. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our copyright agent for notice of claims of copyright infringement on the Services is:
Portfolio Lab
[Insert Address]
[Insert Email]
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may terminate your access to the Services, without cause or notice, at any time. We may also terminate or suspend your access to the Services if you breach any of these Terms or any applicable laws or regulations. Upon any termination, discontinuation, or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PORTFOLIO LAB, ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTFOLIO LAB, ITS SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PORTFOLIO LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify and hold harmless Portfolio Lab, its subsidiaries, and affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms and any action related thereto will be governed by the laws of the [Insert Jurisdiction] without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in [Insert Jurisdiction], and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between us regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms or the Services, please contact us at [Insert Contact Information].