Terms of Service

1. Acceptance of Terms

By accessing or using Portfoliq ("the Service"), operated by Portfoliq ("we," "us," or "our") at portfoliq.ai and app.portfoliq.ai, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and Portfoliq. You represent that you are at least 18 years of age and have the legal authority to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Definitions

• "Service" — The Portfoliq platform, including the web application, marketing website, free analyzer tools, PDF report generation, API, and all related features and functionalities.
• "User Content" — All data, information, and materials you submit to the Service, including property details, financial data, building condition assessments, and any other content you upload or enter.
• "AI Features" — Features that use artificial intelligence to generate strategy recommendations, narrative analyses, or other outputs based on your data.
• "Subscription" — A paid plan granting access to premium features of the Service for a defined billing period.

3. Description of Service

Portfoliq is a real estate portfolio intelligence platform that provides tools for property deal analysis, debt tracking, capital expenditure planning, portfolio health scoring, building condition assessment, and AI-generated strategy recommendations. The Service includes a free deal analyzer tool that may be used without an account.

The Service is not a substitute for professional financial, legal, tax, or investment advice. Portfoliq does not provide financial advisory services, property management, brokerage, or appraisal services. Portfoliq is not a registered investment advisor, broker-dealer, or financial planner. All analyses, projections, and recommendations are for informational purposes only and should not be relied upon as the sole basis for any investment or business decision. Past performance metrics displayed by the Service do not predict future results. Real estate investments involve risk of loss.

4. Account Registration and Security

To access the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately at support@portfoliq.ai of any unauthorized use of your account
• Keeping your account information current and accurate

Each account is for a single user. Account sharing is not permitted. We reserve the right to suspend or terminate accounts that violate these Terms, are used fraudulently, or are inactive for an extended period, with notice where practicable.

5. Free Tools

The Service includes free tools (such as the deal analyzer) that may be used without creating an account. Use of free tools is governed by these Terms. Data submitted to free tools is processed in-session and is not stored persistently unless you create an account. We reserve the right to modify, limit, or discontinue free tools at any time without notice.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations, including the Fair Housing Act
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or our systems
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any aspect of the Service
• Use automated scripts, bots, or scrapers to access or extract data from the Service without prior written consent
• Transmit viruses, malware, or any code designed to interfere with the Service
• Resell, sublicense, or redistribute the Service or any outputs generated by the Service without authorization
• Upload false, misleading, or fraudulent property or financial data with the intent to deceive
• Use the Service to facilitate housing discrimination or any activity that violates fair lending or fair housing laws
• Circumvent any usage limits, access controls, or security measures of the Service
• Use AI Features to generate content that is misleading, defamatory, or harmful

Violation of this section may result in immediate suspension or termination of your account without notice.

7. Intellectual Property

7.1 Our Property

The Service, including its design, code, algorithms, text, graphics, logos, and other content, is owned by Portfoliq and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during the term of your Subscription.

7.2 Restrictions

You may not copy, modify, distribute, create derivative works based on, publicly display, or commercially exploit any part of the Service without our prior written consent.

7.3 Feedback

If you provide us with suggestions, ideas, or other feedback about the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate that feedback without obligation to you.

8. User Content and Data Ownership

8.1 Your Ownership

You retain full ownership of all User Content you submit to the Service. This includes property information, financial data, building condition assessments, and any other content you upload or enter.

8.2 License to Portfoliq

By using the Service, you grant us a limited, non-exclusive license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your data or close your account, except for aggregated and de-identified data which may be retained indefinitely.

8.3 Data Portability

You may export your data at any time through the Service's export features (including PDF reports) or by contacting us at support@portfoliq.ai. Upon account termination, your data will be available for export for 30 days before deletion.

8.4 Data Accuracy

The accuracy of all calculations, analyses, and recommendations generated by the Service depends on the quality and accuracy of the data you provide. You are solely responsible for the accuracy of your User Content. Portfoliq is not responsible for decisions made based on inaccurate user inputs.

9. AI-Powered Features

9.1 How AI Features Work

The Service uses Anthropic's Claude API to generate strategy recommendations and narrative analyses. When AI Features process your data, we send anonymized property metrics (such as NOI, cap rates, DSCR, and condition scores) to Anthropic. We do not send your name, email, phone number, or other directly identifying information.

9.2 AI Disclaimers

AI-generated outputs are for informational purposes only. You acknowledge and agree that:

• AI outputs do not constitute financial, investment, legal, or tax advice
• AI may produce inaccurate, incomplete, or misleading information
• You bear sole responsibility for independently verifying all AI-generated recommendations before acting on them
• You should consult licensed professionals before making financial or investment decisions
• Portfoliq is not liable for any losses or damages resulting from reliance on AI outputs

9.3 AI Data Processing

Per Anthropic's API terms, data submitted through their API is not used to train their AI models. Anthropic retains API inputs and outputs for up to 30 days for safety monitoring, after which they are deleted. For more information, see our Privacy Policy.

10. Payment Terms

10.1 Subscription Plans

The Service is offered on a subscription basis. Current plan details and pricing are available on our pricing page. All prices are in US Dollars. We reserve the right to modify pricing with at least 30 days' prior notice.

10.2 Founding Member Program

Founding members receive early access and discounted pricing that is locked in for as long as their subscription remains active and in good standing. The founding member one-time payment is fully refundable before public launch by contacting founders@portfoliq.ai. If a founding member cancels and later re-subscribes, standard pricing will apply.

10.3 Payment Processing

All payments are processed by Stripe. By making a payment, you agree to Stripe's terms of service.

10.4 Auto-Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription price at each renewal. You may cancel auto-renewal at any time through the Service or by contacting us.

10.5 Cancellation

You may cancel your subscription at any time. Upon cancellation, you retain access to paid features through the end of your current billing period. No partial refunds are issued for unused time within a billing period.

10.6 Refunds

Refunds are offered on a case-by-case basis. If you are unsatisfied with the Service, contact us at support@portfoliq.ai within 14 days of your initial subscription or most recent renewal.

11. SMS Communications

If you provide your phone number and opt in to receive text messages, you consent to receive automated SMS messages from Portfoliq at the number provided. We offer two types of SMS communications:

• Transactional messages — Account alerts, waitlist status updates, reminders, and notifications related to your use of the Service
• Marketing messages — Promotional offers, product announcements, and other marketing communications

Message frequency may vary. Message and data rates may apply. You may opt out of SMS messages at any time by replying STOP to any message. Reply HELP for assistance. Consent to receive SMS messages is not a condition of purchasing any goods or services from Portfoliq. Carriers are not liable for delayed or undelivered messages.

Your phone number and SMS consent are governed by our Privacy Policy. We do not sell, rent, or share your phone number or SMS consent with third parties for their marketing purposes.

12. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Supabase (authentication and database), Google (OAuth), Anthropic (AI), Sentry (error monitoring), and Vercel (hosting). Your use of these integrations may be subject to the respective third-party's terms of service and privacy policies. Portfoliq is not responsible for the availability, accuracy, or practices of third-party services.

13. Disclaimers

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

Without limiting the foregoing:

• Not financial or investment advice. Portfoliq is not a registered investment advisor, broker-dealer, or financial planner. Analyses, projections, and AI-generated recommendations are for informational purposes only. You should consult qualified professionals before making any financial, investment, legal, or tax decisions. Past performance metrics do not predict future results.
• Not property management. Portfoliq is a strategic intelligence tool. It does not manage properties, collect rent, handle maintenance, interact with tenants, or perform any property management functions on your behalf.
• No guarantees. We do not guarantee the accuracy, completeness, timeliness, or reliability of any calculations, projections, AI outputs, or recommendations. All outputs depend on the quality and accuracy of the data you provide.
• Service availability. We do not guarantee uninterrupted or error-free access to the Service. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond our control.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTFOLIQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

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

15. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Decisions you make based on outputs from the Service, including AI Features
• Your violation of any applicable law or third-party rights

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to conflict of law principles.

16.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at support@portfoliq.ai and attempt to resolve the dispute informally for at least 30 days.

16.3 Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Georgia, United States. The arbitrator's decision shall be final and binding.

16.4 Class Action Waiver

YOU AND PORTFOLIQ AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.5 Small Claims Exception

Notwithstanding the arbitration provision, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

16.6 Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@portfoliq.ai within 30 days of first accepting these Terms. If you opt out, any disputes shall be resolved in the state or federal courts located in Georgia, and you consent to the personal jurisdiction of such courts.

17. Termination

17.1 Termination by You

You may cancel your subscription and close your account at any time through the Service or by contacting us at support@portfoliq.ai.

17.2 Termination by Us

We may suspend or terminate your access to the Service at any time for violation of these Terms, with notice where practicable. We may also discontinue the Service entirely with at least 60 days' notice.

17.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may request an export of your data before or within 30 days after account closure. After that period, your data will be deleted in accordance with our Privacy Policy.

17.4 Survival

Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, will survive termination of these Terms.

18. Service Modifications

We reserve the right to modify, update, or discontinue any feature or aspect of the Service at any time. For material changes that significantly reduce the functionality of your current plan, we will provide reasonable advance notice.

19. Changes to These Terms

We may modify these Terms at any time. For material changes, we will notify you at least 30 days in advance by posting the updated Terms on this page, updating the "Last updated" date, and notifying you by email. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you disagree with the changes, your remedy is to discontinue use of the Service before the effective date.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, government action, internet or infrastructure disruption, or third-party service outages.

21. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Portfoliq regarding the Service and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
• Electronic Communications. By using the Service, you consent to receive communications from us electronically. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that they be in writing.

22. Contact Us

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

• Email: support@portfoliq.ai
• Phone: (404) 916-5223
• Website: portfoliq.ai
• Address: 2310 Goodwood Blvd SE, Smyrna, GA 30080