TERMS AND CONDITIONS

Last Updated: June 2, 2026

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. PLEASE READ THEM CAREFULLY.

These Terms and Conditions, together with any documents, policies, rules, guidelines, plan terms, order forms, online disclosures, or additional terms expressly incorporated herein by reference, constitute a legally binding agreement between you and SUPERFOLIO regarding your access to and use of the websites, applications, dashboards, public portfolio pages, portfolio-hosting tools, analytics tools, review and testimonial tools, forms, embeds, integrations, webhooks, APIs, scripts, verification-badge features, account tools, paid plans, free plans, and related products and services made available through or in connection with superfolio.app.

For limited legal identification purposes only, SUPERFOLIO is operated by Scalith, LLC. Except where the context requires otherwise, the terms “SUPERFOLIO,” “we,” “us,” and “our” refer to the SUPERFOLIO service, platform, website, products, and their operator, personnel, vendors, licensors, contractors, affiliates, successors, and assigns.

By accessing, browsing, registering for, creating, publishing, viewing, embedding, integrating with, subscribing to, paying for, or otherwise using any part of SUPERFOLIO, you acknowledge that you have read, understood, accepted, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use SUPERFOLIO.

1. Definitions

For purposes of these Terms:

“Account” means any account, workspace, login, dashboard, profile, subscription, or other access credential created or used in connection with SUPERFOLIO.

“Content” means any information, material, data, text, images, logos, names, marks, graphics, screenshots, videos, audio, project descriptions, case studies, portfolio items, service descriptions, reviews, testimonials, ratings, forms, form responses, links, URLs, embeds, scripts, code, metadata, documents, files, communications, profile details, business details, personal details, and other materials of any kind.

“Portfolio” means a public-facing, private, limited-access, tracked, customized, embedded, or otherwise hosted page, link, collection, profile, case-study page, project page, or related presentation created, published, displayed, or made available using SUPERFOLIO.

“Portfolio Owner” means any person or entity that creates, controls, edits, publishes, manages, claims, shares, or otherwise uses a Portfolio or Account.

“Viewer” means any person or entity that accesses, views, submits information through, clicks through, communicates through, relies upon, transacts with, evaluates, contacts, hires, purchases from, sells to, or otherwise interacts with a Portfolio, Portfolio Owner, or any Content made available through SUPERFOLIO.

“User,” “you,” and “your” mean any Portfolio Owner, Viewer, Account holder, visitor, subscriber, customer, administrator, team member, representative, contractor, or other person or entity accessing or using SUPERFOLIO.

“User Content” means all Content submitted, uploaded, created, imported, embedded, linked, transmitted, displayed, stored, processed, published, or otherwise made available by or on behalf of any User through SUPERFOLIO, including Portfolio Content, reviews, testimonials, third-party embeds, form content, business information, project claims, identity-related information, and communications.

“Third-Party Services” means any websites, platforms, applications, APIs, calendars, booking tools, payment tools, video services, hosting providers, analytics tools, identity-verification providers, processors, automation tools, messaging tools, CRM systems, cloud providers, embedded tools, or other products or services not owned and controlled by SUPERFOLIO.

“Verification Badge” means any checkmark, badge, indicator, label, visual marker, textual representation, or similar signal displayed in connection with a Portfolio, Account, profile picture, display picture, name, identity, status, review, testimonial, or other Content.

“SUPERFOLIO Parties” means SUPERFOLIO, its operator, affiliates, parents, subsidiaries, vendors, service providers, verification partners, licensors, payment processors, infrastructure providers, directors, officers, members, managers, employees, contractors, agents, representatives, successors, and assigns.

2. Eligibility; Authority; Entity Use

You may use SUPERFOLIO only if you are at least eighteen years of age, have the legal capacity to enter into a binding agreement, and are not barred from using the Service under applicable law.

If you access or use SUPERFOLIO on behalf of a company, agency, partnership, client, employer, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such case, “you” and “your” refer to both you individually and the entity on behalf of which you act.

You are solely responsible for ensuring that your use of SUPERFOLIO is lawful in every jurisdiction applicable to you, your business, your viewers, your customers, your prospects, your clients, your leads, your Content, your services, and your transactions.

3. Nature of SUPERFOLIO

SUPERFOLIO is a software platform that enables Users to create, organize, host, publish, display, share, and manage portfolio-style pages and related materials. The Service may allow Users to display work history, projects, case studies, service descriptions, business information, professional information, customer reviews, testimonials, ratings, logos, videos, third-party embeds, forms, booking links, tracking links, portfolio activity, analytics, webhooks, integrations, API connections, scripts, and related Content.

SUPERFOLIO is a technology provider only. SUPERFOLIO is not a party to, participant in, guarantor of, broker of, agent for, representative of, fiduciary of, employer of, employee of, partner of, joint venturer with, franchisor of, marketplace operator for, escrow provider for, payment guarantor for, due-diligence provider for, investigator of, credentialing authority for, or insurer of any Portfolio Owner, Viewer, client, customer, prospect, service provider, agency, freelancer, coach, consultant, business, buyer, seller, or other person or entity.

SUPERFOLIO does not itself sell, provide, warrant, endorse, supervise, control, verify, audit, inspect, approve, guarantee, or monitor any services, promises, deliverables, professional work, business outcomes, customer results, investment results, marketing results, revenue results, operational results, consulting results, coaching results, agency results, freelance results, or other results offered, claimed, implied, represented, or delivered by any Portfolio Owner or other User.

Any transaction, communication, engagement, purchase, contract, service relationship, hiring decision, business decision, reliance decision, or other interaction between a Viewer and a Portfolio Owner is solely between those parties. SUPERFOLIO is not responsible for, and shall have no liability arising from, any such relationship or interaction.

4. Acceptance; Electronic Communications; Updates to Terms

You accept these Terms by creating an Account, clicking an acceptance button, using a paid or free plan, publishing a Portfolio, viewing a Portfolio, submitting a form, submitting a review, using an integration, using an API key, accessing a tracked link, or otherwise using SUPERFOLIO.

You consent to receive notices, disclosures, communications, and records electronically. Electronic communications may include emails, in-product notices, dashboard messages, website postings, or other electronic methods. You agree that such electronic communications satisfy any legal requirement that communications be in writing, to the maximum extent permitted by law.

SUPERFOLIO may amend, replace, supplement, or update these Terms at any time. Updated Terms become effective when posted, unless a later effective date is specified. Your continued use of SUPERFOLIO after updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree to updated Terms, your sole remedy is to stop using SUPERFOLIO and, where applicable, cancel your Account or subscription.

5. Accounts; Credentials; Account Security

You agree to provide accurate, current, complete, and lawful information in connection with your Account and to keep such information updated.

You are solely responsible for maintaining the confidentiality and security of your login credentials, devices, API keys, webhook secrets, authentication methods, team-member access, and Account activity. All activity occurring under your Account shall be deemed authorized by you unless and until you notify SUPERFOLIO of unauthorized access and SUPERFOLIO has had a reasonable opportunity to act.

You must promptly notify SUPERFOLIO of any actual or suspected unauthorized access, credential compromise, data breach, security incident, misuse, or unlawful activity involving your Account, Portfolio, integrations, scripts, API keys, or webhooks.

SUPERFOLIO shall not be liable for any loss, damage, claim, liability, or expense arising from unauthorized access to or use of your Account, except to the limited extent caused by SUPERFOLIO’s own non-disclaimable legal liability.

6. User Content; Sole Responsibility

You are solely and exclusively responsible for all User Content. SUPERFOLIO does not fact-check, verify, validate, investigate, audit, approve, warrant, guarantee, or certify the truthfulness, completeness, lawfulness, accuracy, authorship, authorization, reliability, originality, quality, performance, or suitability of User Content.

Without limitation, SUPERFOLIO does not fact-check or verify any Portfolio Owner’s identity, business existence, company registration, corporate authority, beneficial ownership, licenses, credentials, education, experience, employment history, client relationships, project history, case studies, testimonials, reviews, ratings, logos, screenshots, results, revenue claims, performance claims, customer outcomes, portfolio claims, service claims, industry claims, or any other Content.

You represent, warrant, covenant, and agree that:

(a) you own or have obtained all rights, licenses, permissions, consents, releases, and authorizations necessary to upload, publish, display, reproduce, distribute, embed, link to, transmit, process, store, and otherwise use all User Content in the manner in which you use it through SUPERFOLIO;

(b) your User Content is accurate, truthful, non-misleading, lawful, and not deceptive by omission or implication;

(c) your User Content does not infringe, misappropriate, dilute, or otherwise violate any copyright, trademark, service mark, trade name, trade dress, design right, patent, trade secret, moral right, database right, publicity right, privacy right, confidentiality obligation, contractual right, employment obligation, client obligation, platform rule, professional rule, regulatory duty, or other right of any person or entity;

(d) you have all required permissions to display client names, customer names, company names, logos, marks, screenshots, campaign results, analytics, deliverables, internal documents, confidential information, testimonials, ratings, communications, videos, images, case studies, and project materials;

(e) you will not upload, display, or disclose confidential, proprietary, restricted, regulated, sensitive, personal, client-owned, employer-owned, or third-party information unless you have all required rights and consents to do so;

(f) all reviews, testimonials, endorsements, ratings, claims, before-and-after statements, results statements, and customer references you publish or cause to be published are genuine, lawfully obtained, not fabricated, not misleading, not deceptively edited, not selectively presented in a deceptive manner, and accompanied by any disclosures required by applicable law;

(g) you will not represent or imply that SUPERFOLIO has endorsed, certified, fact-checked, verified, guaranteed, or approved you, your business, your services, your Portfolio, your User Content, your customers, your reviews, your testimonials, or your results, except where SUPERFOLIO has given you express written permission; and

(h) you will be solely liable for any and all claims, disputes, losses, damages, penalties, fines, investigations, takedowns, chargebacks, refunds, settlements, costs, and expenses arising from or relating to your User Content.

7. License to User Content

As between you and SUPERFOLIO, you retain whatever ownership rights you have in your User Content. You hereby grant SUPERFOLIO a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, copy, cache, format, reformat, encode, transcode, compress, display, perform, publish, transmit, distribute, index, make available, adapt, modify for technical purposes, create thumbnails or previews of, generate metadata from, analyze, process, and otherwise use User Content as necessary or useful to provide, operate, secure, maintain, improve, support, debug, market, display, and develop SUPERFOLIO.

For public Portfolios and other publicly available User Content, the license includes the right to make such Content available to Viewers, search engines, social platforms, link preview services, integration partners, infrastructure providers, and other recipients reasonably necessary for the operation of the Service. You acknowledge that public Content may be copied, archived, indexed, cached, screenshotted, downloaded, linked, or otherwise retained by third parties outside SUPERFOLIO’s control.

You irrevocably waive, and agree not to assert against the SUPERFOLIO Parties, any moral rights, attribution rights, integrity rights, or similar rights to the extent necessary for SUPERFOLIO to exercise the licenses granted herein.

Deletion or removal of User Content may not immediately remove copies from backups, caches, logs, analytics systems, third-party services, search engines, links previously shared, screenshots, or systems where retention is legally, technically, operationally, or commercially necessary.

8. Public Portfolios; No Confidentiality

Portfolios may be publicly accessible unless the relevant feature expressly indicates otherwise. You should not upload, publish, display, or submit any Content that you do not want publicly accessible or that you are not authorized to share publicly.

SUPERFOLIO does not guarantee that any Portfolio will remain private, hidden, unindexed, inaccessible, confidential, or unavailable to unintended recipients. Even where SUPERFOLIO offers access controls, tracked links, private links, unlisted links, or similar features, you remain solely responsible for determining whether such features are adequate for your intended use.

You agree that SUPERFOLIO has no responsibility or liability for any Viewer’s use, misuse, copying, disclosure, reliance upon, republication, or distribution of User Content.

9. No Fact-Checking; No KYC; No KYB; No Business Verification

SUPERFOLIO does not conduct, and shall have no obligation to conduct, identity verification, know-your-customer checks, know-your-business checks, company verification, beneficial-ownership verification, background checks, credit checks, license checks, credential checks, reference checks, employment checks, client checks, project checks, review checks, testimonial checks, or other due diligence on Users or User Content.

SUPERFOLIO provides Users with tools to organize and display Content on a good-faith basis and on the assumption that Users are truthful, lawful, and authorized to use the Content they submit. That assumption is not a warranty, representation, endorsement, certification, or guarantee by SUPERFOLIO.

Viewers and other Users are solely responsible for conducting their own diligence before contacting, hiring, paying, purchasing from, relying upon, disclosing information to, contracting with, or otherwise interacting with any Portfolio Owner or other User. Reliance upon any Portfolio, review, testimonial, Verification Badge, link, form, result, claim, or Content is entirely at the relying party’s own risk.

10. Verification Badges and External Identity Verification

SUPERFOLIO may, in its discretion, offer an optional Verification Badge or similar feature through one or more Third-Party Services. Such Third-Party Services may request, process, review, or analyze identification documents, images, facial data, liveness signals, device signals, government-issued documents, or other information submitted by a User.

A Verification Badge, if displayed, means only that the relevant Account, at or around the time of the applicable workflow, satisfied the then-applicable technical, automated, third-party, or internal conditions for displaying that badge. A Verification Badge does not mean, and must not be represented to mean, that SUPERFOLIO has independently verified or guaranteed any person’s legal identity, business identity, company status, beneficial ownership, authority, credentials, licenses, background, trustworthiness, integrity, reputation, financial condition, professional skill, services, claims, portfolio history, client relationships, reviews, testimonials, results, deliverables, or future conduct.

Verification workflows may be inaccurate, incomplete, unavailable, delayed, spoofed, bypassed, compromised, dependent on third-party systems, affected by human error, affected by document quality, affected by insufficient information, affected by technical limitations, or otherwise erroneous. SUPERFOLIO does not guarantee that any Verification Badge is accurate, current, complete, fraud-proof, tamper-proof, or suitable for any reliance decision.

You agree not to submit false, forged, altered, stolen, synthetic, misleading, unauthorized, expired, or third-party identification materials. You agree not to spoof, manipulate, bypass, deceive, interfere with, or misuse any identity-verification process. You are solely responsible for obtaining and maintaining all rights and consents necessary to submit identity-related information to any Third-Party Service.

SUPERFOLIO may grant, deny, withhold, revoke, suspend, remove, modify, or refuse to display any Verification Badge at any time, with or without notice, for any reason or no reason, without liability.

11. Reviews, Testimonials, Endorsements, Ratings, and Logos

SUPERFOLIO may provide tools for collecting, importing, displaying, organizing, inviting, managing, or publishing reviews, testimonials, ratings, endorsements, client feedback, logos, customer references, and similar Content. You are solely responsible for all such Content.

You represent, warrant, and agree that any review, testimonial, endorsement, rating, logo, client reference, customer statement, or similar Content that you publish, import, solicit, request, display, approve, edit, hide, reorder, emphasize, or otherwise use through SUPERFOLIO:

(a) is genuine, lawful, accurate, not misleading, and based on a real experience where required by law;

(b) is not fabricated, purchased, coerced, deceptively incentivized, deceptively edited, misattributed, impersonated, manipulated, or presented in a materially misleading way;

(c) is used with all required permissions, consents, approvals, releases, and rights from the author, client, customer, employer, company, trademark owner, or other relevant person or entity;

(d) includes all disclosures required by applicable law, including disclosures relating to compensation, incentives, employment, ownership, affiliation, agency, sponsorship, family relationship, material connection, or other relationship that could affect the weight or credibility of the review or endorsement; and

(e) does not imply that SUPERFOLIO has verified the truthfulness of the review, the identity of the reviewer, the existence of the customer relationship, the underlying transaction, or the results described.

Any SUPERFOLIO feature described as “verified,” “verified review,” “invited,” “submitted,” “collected,” “approved,” or similar means only what is expressly stated in the applicable feature description and does not constitute a warranty, endorsement, certification, or factual verification by SUPERFOLIO.

SUPERFOLIO may remove, hide, disable, reject, or restrict any review, testimonial, endorsement, rating, logo, or similar Content at any time where SUPERFOLIO believes, in its sole discretion, that such Content may violate these Terms, applicable law, third-party rights, platform integrity, or SUPERFOLIO’s interests.

12. Third-Party Embeds, Links, Scripts, Integrations, and Services

SUPERFOLIO may allow Users to embed, link, connect, display, transmit, or integrate Third-Party Services, including calendars, booking tools, videos, forms, websites, scripts, automation tools, CRM tools, messaging tools, analytics tools, payment tools, APIs, webhooks, and external content.

You are solely responsible for all Third-Party Services that you add, embed, connect, authorize, configure, or use. SUPERFOLIO does not control Third-Party Services and is not responsible for their content, functionality, availability, legality, security, privacy practices, tracking technologies, terms, fees, failures, interruptions, inaccuracies, actions, omissions, or damages.

Your use of Third-Party Services may be subject to separate third-party terms and policies. You are solely responsible for complying with such terms and policies.

You represent and warrant that you have all rights, licenses, permissions, notices, consents, and lawful bases required to embed or connect any Third-Party Service and to transmit data to or from such Third-Party Service.

SUPERFOLIO may disable, block, restrict, remove, sandbox, or refuse any embed, script, integration, webhook, API request, or Third-Party Service at any time, with or without notice, where SUPERFOLIO believes such item may create security risk, privacy risk, legal risk, operational burden, platform abuse, performance degradation, user harm, or other concern.

13. Tracking Links, Analytics, Activity Signals, Forms, Webhooks, and API Use

SUPERFOLIO may provide activity logs, tracking links, visitor signals, page-view information, click information, time-on-page estimates, link activity, hot-lead indicators, form submissions, review notifications, webhook events, API access, scripts, and similar features.

Such features are provided for convenience only. They may be incomplete, delayed, approximate, inaccurate, interrupted, duplicated, blocked, altered by browsers or networks, affected by ad blockers or privacy tools, affected by third-party systems, affected by bot traffic, affected by caching, affected by device sharing, affected by proxying or VPNs, or otherwise unreliable. SUPERFOLIO does not guarantee the accuracy, completeness, availability, evidentiary value, business value, or legal sufficiency of any analytics, tracking, webhook, form, API, or activity signal.

You are solely responsible for providing all notices, obtaining all consents, honoring all opt-outs, and satisfying all legal requirements applicable to your use of tracking links, analytics, forms, scripts, cookies, pixels, webhooks, APIs, visitor data, prospect data, lead data, review data, and form-submission data.

You must not use SUPERFOLIO to stalk, harass, surveil, profile unlawfully, discriminate unlawfully, spam, deceive, manipulate, threaten, intimidate, or otherwise harm any person.

You are solely responsible for the endpoints, systems, credentials, secrets, API keys, storage locations, and third-party tools to which you send SUPERFOLIO data. SUPERFOLIO shall not be liable for any loss, exposure, misuse, unauthorized access, breach, failure, corruption, or unlawful processing occurring after data is sent, exported, received, or accessed by your systems or Third-Party Services.

14. Forms and Viewer Submissions

If you create, publish, or use forms through SUPERFOLIO, you are solely responsible for the form fields, purposes, notices, consents, retention practices, responses, follow-up communications, and legal compliance associated with those forms.

You must not use SUPERFOLIO forms to collect sensitive information, regulated information, children’s information, health information, government identifiers, payment-card information, financial account information, passwords, authentication credentials, biometric information, or other high-risk information unless you have obtained SUPERFOLIO’s express written permission and you independently satisfy all applicable legal, security, privacy, and regulatory requirements.

Viewers who submit forms acknowledge that their submissions may be transmitted to the relevant Portfolio Owner and may be processed by SUPERFOLIO, its infrastructure providers, and authorized integrations as part of the Service.

15. Acceptable Use

You shall not, and shall not permit any person to, use SUPERFOLIO to:

(a) violate any law, regulation, rule, order, judgment, contractual duty, fiduciary duty, professional duty, platform policy, or third-party right;

(b) publish false, misleading, deceptive, fraudulent, defamatory, obscene, harassing, hateful, abusive, threatening, exploitative, invasive, unlawful, or otherwise objectionable Content;

(c) impersonate any person or entity or misrepresent identity, affiliation, authority, credentials, business status, qualifications, experience, licensing, customer relationships, reviews, testimonials, results, or endorsements;

(d) display client names, logos, marks, testimonials, screenshots, communications, deliverables, results, or other third-party materials without required authorization;

(e) upload malware, spyware, harmful code, unauthorized scripts, credential harvesters, phishing pages, deceptive forms, malicious redirects, or other harmful materials;

(f) interfere with, disrupt, degrade, overload, scan, attack, scrape, crawl, reverse engineer, decompile, disassemble, copy, benchmark, or misuse SUPERFOLIO except as expressly permitted by law;

(g) bypass, defeat, circumvent, or interfere with authentication, authorization, billing, access limits, feature limits, usage limits, security controls, rate limits, plan restrictions, verification systems, analytics systems, or technical safeguards;

(h) use SUPERFOLIO for spam, unlawful marketing, deceptive lead generation, unlawful surveillance, harassment, discrimination, predatory practices, scams, pyramid schemes, unlawful financial promotions, unlawful employment practices, or regulated activities without required authorization;

(i) collect, process, disclose, or transmit personal information unlawfully;

(j) use SUPERFOLIO to facilitate infringement, misappropriation, fraud, false advertising, unfair competition, deceptive trade practices, privacy violations, publicity-right violations, or regulatory violations;

(k) resell, sublicense, rent, lease, white-label, commercially exploit, or provide access to SUPERFOLIO except as expressly authorized in writing;

(l) use SUPERFOLIO in a manner that creates legal, regulatory, security, operational, reputational, or commercial risk for SUPERFOLIO; or

(m) encourage, assist, enable, or conceal any of the foregoing.

SUPERFOLIO may determine, in its sole discretion, whether conduct violates this section.

16. Moderation; Enforcement; No Duty to Monitor

SUPERFOLIO reserves the right, but undertakes no obligation, to review, monitor, screen, remove, disable, restrict, suspend, label, downgrade, de-index, block, or refuse any Account, Portfolio, User Content, embed, integration, webhook, API use, Verification Badge, or feature access at any time, with or without notice, for any reason or no reason, including where SUPERFOLIO believes that any Content or conduct may violate these Terms, applicable law, third-party rights, platform integrity, user trust, security, or SUPERFOLIO’s interests.

No moderation action or inaction by SUPERFOLIO shall constitute an endorsement, verification, admission, waiver, assumption of liability, undertaking, promise, or duty to monitor.

SUPERFOLIO may cooperate with law enforcement, regulators, courts, complainants, rights holders, payment processors, infrastructure providers, and other third parties where SUPERFOLIO believes doing so is required or appropriate.

17. Plans, Fees, Billing, Taxes, Trials, and Cancellation

SUPERFOLIO may offer free plans, paid plans, trials, add-ons, usage-based features, enterprise arrangements, promotional offers, or other pricing structures. Features, limits, prices, billing intervals, availability, and plan names may change at any time.

By purchasing a paid plan or providing payment information, you authorize SUPERFOLIO and its payment processors to charge all applicable fees, taxes, renewals, overages, add-ons, and other amounts associated with your Account.

Unless expressly stated otherwise, paid subscriptions automatically renew at the end of each billing period until cancelled. You must cancel before renewal to avoid the next billing charge. Cancellation generally takes effect at the end of the then-current billing period unless SUPERFOLIO states otherwise or applicable law requires otherwise.

Fees are non-refundable except where expressly stated by SUPERFOLIO in writing or required by applicable law. SUPERFOLIO may suspend, downgrade, restrict, or terminate access for failed payments, chargebacks, disputed charges, suspected fraud, abuse, or nonpayment.

You are responsible for all taxes, duties, levies, withholding, and governmental assessments associated with your use or purchase of SUPERFOLIO, excluding taxes based on SUPERFOLIO’s net income.

Promotional offers, trials, discounts, and credits are discretionary, may be subject to additional conditions, may be modified or withdrawn, and have no cash value unless expressly stated otherwise.

18. Intellectual Property of SUPERFOLIO

SUPERFOLIO and its software, websites, dashboards, interfaces, designs, templates, workflows, code, databases, models, systems, documentation, names, logos, marks, trade dress, features, functionality, and Content supplied by SUPERFOLIO are owned by SUPERFOLIO or its licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, SUPERFOLIO grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use SUPERFOLIO solely for your lawful internal business or personal use, as applicable, and solely in accordance with these Terms.

Except as expressly permitted, you shall not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works from, publicly display, publicly perform, or otherwise exploit SUPERFOLIO or any SUPERFOLIO-owned materials.

No rights are granted except those expressly stated. SUPERFOLIO reserves all rights not expressly granted.

19. Feedback

If you submit ideas, suggestions, requests, comments, improvements, bug reports, feature requests, or other feedback relating to SUPERFOLIO, you grant SUPERFOLIO an unrestricted, perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right to use, exploit, implement, modify, publish, commercialize, and otherwise act upon such feedback without compensation, attribution, accounting, restriction, or obligation to you.

20. Privacy

SUPERFOLIO’s processing of personal information is addressed in its Privacy Policy, which is incorporated into these Terms by reference. These Terms do not replace the Privacy Policy.

You are solely responsible for your own privacy notices, consents, data-processing obligations, customer notices, viewer notices, cookie notices, marketing-law obligations, and compliance responsibilities arising from your use of SUPERFOLIO, including your use of tracking links, analytics, forms, reviews, testimonials, embeds, integrations, webhooks, APIs, and Third-Party Services.

To the extent you process personal information through SUPERFOLIO on behalf of your own customers, prospects, leads, viewers, reviewers, or other individuals, you are solely responsible for determining your role and obligations under applicable privacy, data-protection, communications, marketing, and consumer-protection laws.

21. Copyright Complaints; Repeat Infringer Policy

SUPERFOLIO respects intellectual property rights and may remove or disable access to Content alleged to infringe copyright or other rights.

A copyright complaint should include:

(a) a physical or electronic signature of the copyright owner or authorized agent;

(b) identification of the copyrighted work claimed to have been infringed;

(d) your name, address, telephone number, and email address;

(e) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and

(f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

SUPERFOLIO Copyright Notices
Email: support@superfolio.app
Mail: 30 N Gould St Ste N, Sheridan, WY 82801, United States

SUPERFOLIO may terminate or restrict Accounts of repeat infringers in appropriate circumstances. SUPERFOLIO may also remove Content or terminate Accounts where it believes Content violates rights other than copyright.

If you believe your Content was removed by mistake or misidentification, you may submit a counter-notification containing the information required by applicable law. SUPERFOLIO may forward notices and counter-notices to the relevant parties and may take any action permitted or required by law.

22. Third-Party Disputes; Buyer/Seller and Client/Provider Relationships

SUPERFOLIO is not responsible for disputes between Portfolio Owners and Viewers, including disputes concerning fraud, scams, nonpayment, refunds, chargebacks, nonperformance, poor performance, misrepresentation, professional negligence, service quality, missed deadlines, failed deliverables, failed results, customer dissatisfaction, unauthorized Content, intellectual property rights, confidentiality, employment status, agency relationships, tax obligations, regulatory compliance, or any other matter.

Any Viewer who chooses to contact, hire, purchase from, rely upon, contract with, pay, disclose information to, or otherwise engage with a Portfolio Owner does so solely at that Viewer’s own risk. Any Portfolio Owner who chooses to engage with a Viewer, customer, prospect, client, lead, vendor, or other third party does so solely at that Portfolio Owner’s own risk.

You acknowledge and agree that SUPERFOLIO is not liable for any act, omission, representation, warranty, statement, service, product, deliverable, advice, result, failure, fraud, scam, negligence, misconduct, breach, or dispute involving any User or third party.

You hereby release the SUPERFOLIO Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising from or relating to any dispute, transaction, interaction, reliance, communication, or relationship between or among Users or third parties.

If you are a California resident, you waive California Civil Code Section 1542, which provides that a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in that party’s favor at the time of executing the release and that, if known, would have materially affected the settlement with the debtor or released party. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the maximum extent permitted by law.

23. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERFOLIO IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITATION, THE SUPERFOLIO PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, TIMELINESS, PERFORMANCE, COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE.

WITHOUT LIMITATION, THE SUPERFOLIO PARTIES DO NOT WARRANT OR REPRESENT THAT:

(a) SUPERFOLIO will be uninterrupted, secure, available, timely, accurate, complete, error-free, or free of harmful components;

(b) any Portfolio, User Content, review, testimonial, rating, case study, project claim, Verification Badge, identity claim, business claim, service claim, result claim, embed, link, form, webhook, API response, tracking signal, or analytics signal will be accurate, complete, lawful, reliable, current, verified, or suitable for reliance;

(c) any Portfolio Owner, Viewer, reviewer, client, customer, prospect, freelancer, agency, coach, consultant, business, or other User is truthful, legitimate, qualified, licensed, authorized, reputable, competent, solvent, safe, or non-fraudulent;

(d) any User will obtain clients, leads, views, revenue, conversions, sales, bookings, results, opportunities, employment, business outcomes, credibility, trust, verification, or any other benefit from using SUPERFOLIO;

(e) any Viewer will obtain promised results, quality services, refunds, remedies, lawful conduct, or satisfactory outcomes from any Portfolio Owner;

(f) defects or errors will be corrected; or

(g) any Third-Party Service will remain available, secure, compatible, lawful, or functional.

You assume all risk arising from your access to and use of SUPERFOLIO.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SUPERFOLIO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, PUNITIVE, RELIANCE, EXPECTATION, COVER, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTENT, LOSS OF OPPORTUNITY, LOSS OF CUSTOMERS, LOSS OF CONTRACTS, LOSS OF SAVINGS, REPUTATIONAL HARM, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, SECURITY INCIDENT, THIRD-PARTY CLAIM, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SUPERFOLIO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO SUPERFOLIO, THESE TERMS, USER CONTENT, VERIFICATION BADGES, THIRD-PARTY SERVICES, PORTFOLIOS, TRANSACTIONS, OR ANY RELATED MATTER SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS; OR (B) THE AMOUNTS YOU PAID TO SUPERFOLIO FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

The limitations in this section apply notwithstanding any failure of essential purpose of any limited remedy and constitute an essential basis of the bargain between you and SUPERFOLIO.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, liability shall be limited to the maximum extent permitted by law.

25. Indemnification

You agree to defend, indemnify, and hold harmless the SUPERFOLIO Parties from and against any and all claims, demands, actions, proceedings, investigations, inquiries, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

(a) your access to or use of SUPERFOLIO;

(b) your Account, Portfolio, User Content, reviews, testimonials, ratings, logos, embeds, forms, scripts, integrations, webhooks, API use, or Third-Party Services;

(d) your actual or alleged violation of any law, regulation, professional rule, platform rule, contract, duty, or third-party right;

(e) your actual or alleged infringement, misappropriation, or violation of intellectual property, privacy, publicity, confidentiality, data-protection, consumer-protection, advertising, endorsement, employment, tax, or other rights;

(f) any false, misleading, deceptive, unlawful, unauthorized, or infringing Content you submit, display, publish, import, collect, solicit, approve, or distribute;

(g) any review, testimonial, endorsement, rating, customer reference, logo, case study, project claim, performance claim, result claim, or service claim associated with you;

(h) any identity-verification submission, Verification Badge, misuse of verification features, false identification material, or reliance by any person on any Verification Badge associated with you;

(i) any dispute, transaction, contract, engagement, purchase, sale, hiring decision, service relationship, communication, reliance decision, refund, chargeback, scam allegation, nonperformance allegation, or other interaction involving you and any Viewer, customer, client, prospect, Portfolio Owner, vendor, contractor, or third party;

(j) your collection, use, disclosure, export, transmission, or other processing of personal information through forms, analytics, tracking links, webhooks, APIs, embeds, integrations, scripts, or Third-Party Services;

(k) your negligence, fraud, willful misconduct, misrepresentation, or unlawful conduct; or

(l) any claim that, if true, would constitute your breach of these Terms.

SUPERFOLIO reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with SUPERFOLIO’s defense of such claims. You shall not settle any claim without SUPERFOLIO’s prior written consent if the settlement imposes any obligation on, admits liability by, or affects the rights of any SUPERFOLIO Party.

26. Termination; Suspension; Survival

SUPERFOLIO may suspend, restrict, downgrade, disable, or terminate your Account, Portfolio, Content, feature access, API access, Verification Badge, subscription, or access to SUPERFOLIO at any time, with or without notice, for any reason or no reason, including suspected breach of these Terms, legal risk, platform abuse, nonpayment, security risk, reputational risk, operational burden, or third-party complaint.

You may stop using SUPERFOLIO at any time and may cancel your Account or subscription where such functionality is available.

Upon termination, your right to access and use SUPERFOLIO ceases immediately. SUPERFOLIO may retain, delete, preserve, or restrict Content and Account information as permitted by law, required by law, or reasonably necessary for business, security, compliance, dispute-resolution, backup, fraud-prevention, or enforcement purposes.

Sections that by their nature should survive termination shall survive, including provisions concerning User Content, licenses, disclaimers, limitations of liability, indemnification, dispute resolution, intellectual property, payments owed, releases, and miscellaneous terms.

27. Beta Features; Changes; Availability

SUPERFOLIO may add, modify, suspend, discontinue, rename, restrict, replace, or remove any feature, plan, limit, template, integration, API endpoint, webhook, script, analytics function, Verification Badge feature, or other part of the Service at any time, with or without notice.

Some features may be experimental, beta, preview, early-access, or otherwise under development. Such features are provided for evaluation and convenience only, may be changed or discontinued at any time, and may be more likely to contain errors, downtime, data loss, inaccuracies, or limitations.

SUPERFOLIO shall not be liable for any modification, suspension, interruption, discontinuance, or unavailability of any part of the Service.

28. Export, Sanctions, and International Use

You represent and warrant that you are not located in, organized under the laws of, ordinarily resident in, or acting on behalf of any person or entity located in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list.

You shall not use, export, re-export, transfer, or provide access to SUPERFOLIO in violation of U.S. export-control, sanctions, anti-corruption, anti-money-laundering, or other applicable laws.

SUPERFOLIO is controlled from the United States. SUPERFOLIO makes no representation that the Service is appropriate, available, lawful, or compliant in any particular jurisdiction outside the United States.

29. Informal Dispute Resolution

Before initiating arbitration or litigation, you and SUPERFOLIO agree to attempt to resolve disputes informally.

A party asserting a dispute must send written notice describing the nature and basis of the claim and the relief sought. Notices to SUPERFOLIO must be sent to support@superfolio.app with the subject line “Legal Dispute Notice.”

The parties shall attempt in good faith to resolve the dispute for at least thirty days after receipt of the notice. If the dispute is not resolved within that period, either party may proceed as permitted below.

30. Binding Arbitration; Class Action Waiver; Jury Trial Waiver

To the maximum extent permitted by law, you and SUPERFOLIO agree that any dispute, claim, controversy, or cause of action arising out of or relating to SUPERFOLIO, these Terms, any Account, any Portfolio, any User Content, any Verification Badge, any transaction, any subscription, any payment, any communication, or any relationship between you and SUPERFOLIO shall be resolved by binding individual arbitration, rather than in court, except as expressly stated in this section.

This arbitration agreement is governed by the Federal Arbitration Act and, where not preempted, the laws of the State of Wyoming.

The arbitration shall be administered by the American Arbitration Association under its applicable rules, except to the extent those rules conflict with these Terms. The arbitration shall be conducted by a single arbitrator. The seat and venue of arbitration shall be Wyoming, unless the parties agree to remote proceedings or the arbitrator determines that remote proceedings are appropriate.

You and SUPERFOLIO agree that arbitration shall proceed only on an individual basis. No dispute may be arbitrated or litigated as a class action, collective action, representative action, private attorney general action, consolidated action, or mass action, except to the extent this waiver is prohibited by applicable law.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator shall have no authority to award relief for or against anyone who is not a party to the individual arbitration.

You and SUPERFOLIO knowingly and voluntarily waive any constitutional, statutory, or common-law right to a trial by jury.

Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies, and either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, unauthorized access, misuse of intellectual property, breach of confidentiality, security abuse, or platform abuse.

You may opt out of this arbitration agreement by sending written notice to support@superfolio.app within thirty days after you first accept these Terms. Your notice must include your name, Account email, and a clear statement that you opt out of arbitration. Opting out of arbitration does not opt you out of any other provision of these Terms.

If the class action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise agreed by the parties.

31. Governing Law; Forum

These Terms and any dispute arising out of or relating to SUPERFOLIO shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, except to the extent preempted by federal law.

For any dispute not subject to arbitration, you and SUPERFOLIO consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming. You waive any objection to such jurisdiction or venue, including objections based on inconvenience.

Nothing in these Terms limits any non-waivable rights you may have under applicable law.

32. Force Majeure

SUPERFOLIO shall not be liable for any delay, failure, loss, damage, interruption, or unavailability caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power outages, internet failures, telecommunications failures, cloud-provider failures, payment-processor failures, third-party service failures, cyberattacks, denial-of-service attacks, malware, governmental action, legal restrictions, emergencies, pandemics, supply-chain issues, or other events beyond SUPERFOLIO’s reasonable control.

33. Assignment

You may not assign, delegate, transfer, or sublicense your rights or obligations under these Terms without SUPERFOLIO’s prior written consent.

SUPERFOLIO may assign, transfer, delegate, or sublicense its rights and obligations under these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, financing, restructuring, sale of assets, change of control, or operation of law.

34. Severability; Waiver

If any provision of these Terms is held invalid, unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

SUPERFOLIO’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by SUPERFOLIO.

35. Entire Agreement; Interpretation

These Terms constitute the entire agreement between you and SUPERFOLIO regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral, regarding such subject matter.

Headings are for convenience only and shall not affect interpretation. The words “including,” “includes,” and similar terms mean “including without limitation.” The word “or” is not exclusive. The word “will” shall be construed to have the same meaning as “shall.” Any ambiguity shall not be construed against the drafting party.

36. Contact

For support, notices, copyright complaints, legal inquiries, and other communications regarding these Terms, contact:

SUPERFOLIO
Email: support@superfolio.app
Mail: 30 N Gould St Ste N, Sheridan, WY 82801, United States