Please read these Terms of Service ("Terms", "Agreement") carefully before using the FolioOwl platform ("Service", "Platform") operated by EinsteinOwl LLC ("we", "us", "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
To use FolioOwl, you must be at least 18 years of age and capable of entering into a binding legal agreement. By creating an account, you represent and warrant that all information you provide is accurate, complete, and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your login credentials.
We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
FolioOwl offers paid subscription plans billed on a monthly or annual basis. By subscribing, you authorize us (via our payment processor, Stripe) to charge your payment method on a recurring basis until you cancel.
You agree not to use FolioOwl to:
Violation of these terms may result in immediate account termination without refund.
You retain full ownership of all content you upload to FolioOwl, including text, images, links, and files ("User Content"). By uploading content, you grant FolioOwl a non-exclusive, worldwide, royalty-free license to store, display, and deliver your content solely for the purpose of operating the Service.
We do not sell, share, or monetize your content with third parties. We will not use your portfolio content for advertising or marketing without your explicit written consent.
You are solely responsible for ensuring that any content you upload does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
IMPORTANT — PLEASE READ CAREFULLY: FolioOwl is provided as a best-effort cloud service. We implement reasonable technical safeguards including database backups, secure hosting, and data redundancy. However, we cannot and do not guarantee that your data will be preserved under all circumstances.
We are not liable for any loss, corruption, or unavailability of your data, including but not limited to losses arising from:
You are solely responsible for maintaining independent backups of any content, images, links, or data you upload to FolioOwl. We strongly recommend that you retain copies of all materials you post on the platform, as we cannot guarantee their recovery in the event of data loss.
In the event of significant data loss caused by our infrastructure, we will make reasonable efforts to notify affected users and to restore data from the most recent available backup. However, we make no warranty that any backup will be complete, current, or restorable. To be eligible for any compensation related to data loss, you must report the issue within 30 days of discovery. Our maximum liability in connection with any qualifying data loss event shall not exceed the subscription fees you paid in the thirty (30) days immediately preceding the event.
If uninterrupted, guaranteed data preservation is critical for your use case, FolioOwl may not be the appropriate service for that purpose.
The FolioOwl platform, including its design, code, branding, logos, and all associated content created by us, is the exclusive intellectual property of EinsteinOwl LLC and is protected by copyright, trademark, and other applicable laws. The name "FolioOwl" and associated marks are trademarks of EinsteinOwl LLC.
You may not copy, reproduce, modify, distribute, or create derivative works based on FolioOwl's platform, interface, or code without our express written permission. Unauthorized use of our intellectual property may result in legal action.
Nothing in these Terms transfers any ownership of our intellectual property to you.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE SERVICE.
We do not warrant that the Service will meet your requirements, that it will be available at any particular time or location, that any errors or defects will be corrected, or that the Service is free of viruses or other harmful components.
Your use of the Service is entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EINSTEINOWL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Reporting Requirement: To be eligible for any remedy or compensation under these Terms, you must report the issue to us in writing at [email protected] within thirty (30) days of discovering or reasonably being able to discover the issue. Claims or disputes reported after this 30-day window will not be eligible for refund or compensation of any kind. Upon timely reporting and our verification of a qualifying issue, your sole remedy shall be a refund of the subscription fees you paid during the affected 30-day period.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Einsteinowl and its officers, directors, employees, and agents 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 Service, including but not limited to your User Content, your use of the Service's outputs, or your violation of any third-party rights.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may do so by contacting us at [email protected]. Termination of your account does not entitle you to a refund of any prepaid subscription fees.
Following account termination, we may delete your data and content from our servers at any time and without notice. We are not liable for any loss resulting from such deletion.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in English.
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
We encourage you to review these Terms periodically. The "Last Updated" date at the top of this page indicates when these Terms were last revised.
If you have any questions about these Terms of Service, please contact us: