Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the FolioTrust website and platform (the "Service") operated by FolioTrust ("us", "we", or "our").
By accessing or using the Service, you agree to be bound by these Terms. These Terms govern your access to and use of FolioTrust's social proof infrastructure, review aggregation tools, embeddable widgets, and lead generation forms. If you disagree with any part of these terms, you may not access the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms.
1. Platform Specifics & Acceptable Use
1.1. FolioTrust as an Intermediary: FolioTrust provides infrastructure for aggregating, hosting, and displaying professional reviews, testimonials, and portfolios. We do not verify the factual accuracy of the reviews hosted on our platform. The responsibility for the authenticity and legality of the aggregated social proof falls entirely upon the User who aggregates it.
1.2. Anti-Fraud & Authenticity Mandate: You strictly agree not to use FolioTrust to host, distribute, or display fraudulent, fabricated, or deceptive reviews. FolioTrust strictly prohibits the manipulation of social proof. We reserve the absolute right to permanently terminate your account, without refund, if we determine, at our sole discretion, that you are utilizing the Service to mislead consumers or misrepresent your professional history.
1.3. Prohibited Industries: You may not use the Service to promote illegal goods, adult content, multi-level marketing (MLM) schemes, predatory financial services, or any business that violates the laws of your jurisdiction or the jurisdiction of your end-clients.
2. Embed Widgets and API Usage
2.1. Widget Deployment: FolioTrust provides embeddable JavaScript widgets ("Widgets") designed to be injected into external domains. You are granted a limited, revocable, non-exclusive license to deploy these Widgets solely on domains that you own or explicitly control.
2.2. Rate Limiting & Infrastructure Abuse: We reserve the right to enforce rate limits on our API and CDN delivering the Widgets. If your external domain experiences traffic that severely impacts the stability of FolioTrust's overarching infrastructure (e.g., Denial of Service equivalent traffic), we reserve the right to temporarily suspend your Widget delivery without prior notice to protect the platform.
2.3. SLA Disclaimer: While we strive for 99.99% uptime, the Service, including the delivery of external Widgets, is provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Widgets will function uninterrupted or be error-free.
3. Lead Generation & Client Data
3.1. "Work With Me" Forms: FolioTrust provides lead capture functionality allowing third parties ("End-Clients") to submit inquiries to you. You acknowledge that you are the Data Controller of this incoming lead data, and FolioTrust acts solely as the Data Processor, capturing and forwarding this data to you.
3.2. Compliance with SPAM Laws: You are solely responsible for ensuring that your subsequent communication with any leads captured via FolioTrust complies with all applicable anti-spam and privacy legislation, including but not limited to the CAN-SPAM Act, GDPR, and CCPA.
4. Subscriptions, Lifetime Deals, and Payments
4.1. Billing: Certain aspects of the Service are billed on a subscription basis ("Subscriptions"). You will be billed in advance on a recurring, periodic basis (such as monthly or annually).
4.2. Lifetime Access Plans ("Founding Member"): If you purchase a "Lifetime" or "Founding Member" plan, "Lifetime" constitutes the lifespan of the FolioTrust product. In the event of a platform shutdown, acquisition, or pivot, FolioTrust is not liable for refunds of Lifetime purchases. Lifetime access guarantees access to the core features available at the time of purchase, but does not guarantee access to future premium modules which may be billed separately.
4.3. Refund Policy: Except when required by law, paid Subscription fees and Lifetime purchases are non-refundable.
5. Intellectual Property & User Content
5.1. FolioTrust IP: The Service and its original content, UI/UX design, masonry algorithms, and functionality are the exclusive property of FolioTrust and its licensors. You may not reverse engineer, decompile, or copy the platform's proprietary code.
5.2. User License to FolioTrust: By posting reviews, images, and text ("Content") to the Service, you grant us the right and license to use, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, as well as for the marketing of FolioTrust itself. You retain any and all of your rights to any Content you submit.
6. Limitation of Liability
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOLIOTRUST, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
7. Governing Law
7.1. These Terms shall be governed and construed in accordance with the laws of India, specifically within the jurisdiction of Pune, Maharashtra, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.