Terms of Service

1. Acceptance of Terms

Welcome to FolioForecast. By accessing or using our website at www.folioforecast.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and FolioForecast ("Company," "we," "us," or "our").

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Service Description

FolioForecast is a portfolio optimization and analysis tool that provides:

• Portfolio optimization using various mathematical methods (Mean-Variance, CVaR, Risk Parity, etc.)
• Historical performance analysis and backtesting
• Risk metrics and diversification analytics
• Visualization tools including efficient frontier charts, correlation matrices, and heatmaps
• Portfolio saving and management features

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. Account authentication is provided through Clerk, a third-party authentication service. By creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscriptions & Billing

4.1 Subscription Tiers

FolioForecast offers the following subscription tiers:

• Free: Limited features including basic optimization methods, up to 10 assets per portfolio, and 1 saved portfolio (requires login)
• Individual ($8/month): Advanced and robust optimization methods, up to 25 assets per portfolio, 3 saved portfolios, and CSV import/export
• Advisor ($50/month): All features including unlimited assets, unlimited portfolios, diversification analytics, group constraints, and priority support

4.2 Free Trial

We offer a 1-day free trial of Advisor features for new users. No credit card is required to start a trial. After the trial period, you will automatically revert to the Free tier unless you subscribe to a paid plan.

4.3 Billing

Paid subscriptions are billed monthly in advance. Payment processing is handled by Stripe, a third-party payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.4 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• Your account will revert to the Free tier after the billing period ends
• Saved portfolios exceeding Free tier limits will be preserved but inaccessible until you resubscribe

4.6 Price Changes

We reserve the right to modify subscription prices. Existing subscribers will receive at least 30 days' notice before any price increase takes effect.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, redistribute, or commercially exploit the Service without authorization
• Use the Service to develop competing products
• Circumvent any access restrictions or usage limits
• Upload malicious code, viruses, or harmful data

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and branding, is owned by FolioForecast and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Market Data

Historical market data provided through the Service is sourced from third-party providers including EODHD. This data is provided for informational and educational purposes only. Redistribution of market data is prohibited.

6.3 Your Content & Data License

You retain ownership of portfolio configurations and data you create using the Service. By using the Service, you grant us the following licenses:

• Service License: A license to store, process, and display your data to provide the Service to you
• Aggregation License: A perpetual, royalty-free license to use your data in aggregated, anonymized, or de-identified form for any purpose, including sharing with third parties
• Public Rankings License: If you submit portfolios to public rankings, a license to display your username, portfolio allocations, and performance metrics publicly and to share this data with third-party partners via API or data feeds

6.4 Data Sharing & Licensing

You acknowledge and agree that:

• We may sell, license, or share aggregated and anonymized portfolio data, rankings, asset allocations, and performance metrics with third parties
• Third-party websites and services may purchase access to view and display public rankings data
• Your public portfolio submissions may be visible on partner websites that license our data
• We may use your anonymized data for research, analysis, and to improve our services

6.5 Advertising

The Service may display advertisements from third-party advertising networks. By using the Service, you agree that:

• We may display advertisements on any page of the Service
• Advertising partners may use cookies and tracking technologies as described in our Privacy Policy
• We are not responsible for the content of third-party advertisements
• Clicking on advertisements may take you to third-party websites with their own terms and privacy policies

7. Disclaimers

7.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Accuracy of Information

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Historical data or calculations are free from errors
• Any optimization results will lead to positive investment outcomes

7.3 Past Performance

Past performance is not indicative of future results. Hypothetical or simulated performance results have inherent limitations and do not represent actual trading. Actual results may differ materially from backtested or optimized results.

7.4 Third-Party Services

The Service integrates with third-party services (Clerk for authentication, Stripe for payments, EODHD for market data). We are not responsible for the availability, accuracy, or security of these third-party services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOLIOFORECAST, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Investment losses or damages resulting from reliance on information provided by the Service
• Damages resulting from unauthorized access to your account or data
• Any damages exceeding the amount you paid to us in the 12 months preceding the claim

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless FolioForecast and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any investment decisions you make based on information from the Service

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• At our sole discretion for any reason

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Note: Account termination does not entitle you to any refund of subscription fees paid.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on the Service
• Updating the "Effective Date" and version number at the top of these Terms
• Sending an email notification for significant changes (if you have an account)

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Dallas County, Texas. You consent to the personal jurisdiction of such courts.

13. Contact Information

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Website: www.folioforecast.com