Prepfolio — Terms of Service

1. Acceptance & Eligibility

You represent and warrant that you are at least thirteen (13) years old (or the age of digital consent in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organisation, you represent that you are authorised to bind that organisation.

2. Accounts & Security

You must provide accurate account information, keep your login credentials confidential, and be responsible for all activities under your account. You must notify us immediately upon discovering any unauthorized use or breach of your account.

3. Beta & Pre‑Release

We may provide Beta or pre‑release features. These may be experimental, subject to change or removal, and may not be as reliable as our general releases. You agree that these are provided "AS IS" and your use may involve higher risk.

4. Permitted Use & Acceptable Use Policy

You agree to use the Services only in accordance with these Terms and applicable law. You must not:

• reverse‑engineer, decompile, modify or circumvent our software or service protections;
• probe, scan or test system vulnerabilities without permission;
• upload malicious code, malware, or attempt to disrupt or damage our Services;
• use the Services to create, upload or distribute unlawful, infringing, fraudulent or harmful content (including content involving minors or trafficking);
• use the Services to create a competing product or service unless permitted under a written enterprise agreement;
• misrepresent your identity or affiliation; engage in spam, phishing or abusive behaviour.

5. User Content & License

You retain ownership of your content. You grant us a worldwide, non‑exclusive, royalty‑free licence to host, store, process, transmit, display and reproduce your content solely for the purpose of providing and improving the Services, enforcing these Terms, and complying with law.

If you provide us feedback or suggestions, you grant us a perpetual, irrevocable, royalty‑free licence to use that feedback for any purpose.

6. Organization Accounts

If your account is provided by an organisation (e.g., your employer or educational institution), that organisation may manage your account, access or remove your content, set policies for your use of the Services, and manage multiple users under a single plan.

7. Software License

To the extent the Services include downloadable or online software, we grant you a limited, revocable, non‑transferable, non‑sublicensable licence to use the software solely to access the Services in accordance with these Terms. Open‑source components included in the software are governed by their own licences.

8. Third‑Party Services

The Services may allow integration or linking with third‑party services. Your use of those third‑parties is subject to their terms and privacy policies, not ours. We are not responsible for third‑party services or their data practices.

9. Fees & Payments

If you subscribe or purchase a paid plan, you agree to pay the applicable fees (plus taxes) shown at checkout. Unless otherwise stated: subscriptions renew automatically; you may cancel future renewals; fees already paid are non‑refundable unless required by law.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated here by reference.

11. Intellectual Property & Infringement Claims

All rights, title and interest in and to the Services (software, content, trademarks, logos) remain with us or our licensors.

If you believe your intellectual property rights are infringed by user content on the Services, contact us at hi@prepfolio.app with sufficient information about the allegedly infringing content (jurisdiction, rights holder, location of content, etc.). We will take action as required by applicable law.

12. Export & Sanctions Compliance

You represent and warrant that you are not located in, under the control of, or a resident of any country subject to comprehensive sanctions or export‑control restrictions. You will comply with all applicable export, re‑export and sanctions laws and regulations of the Philippines, the United States, the European Union, and other relevant jurisdictions.

13. Warranties; Disclaimers

You expressly agree that your use of the Services is at your sole risk. The Services are provided "AS IS" and "AS AVAILABLE", with no guarantee of accuracy or reliability. We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose and non‑infringement. Generated content may be inaccurate or incomplete; you are responsible for verifying it and its use.

14. Limitation of Liability

To the maximum extent permitted under Philippine law and applicable foreign law: we will not be liable for any indirect, incidental, special, consequential or punitive damages (including lost profits, data or goodwill) arising from or in connection with the Services, even if we were advised of the possibility of such damages. Our total aggregate liability for all claims will not exceed the greater of (A) the amounts you paid to us in the 12 months preceding the claim, or (B) USD 100. Some jurisdictions do not permit these limitations; those rules apply only to the extent permitted.

15. Indemnification

You agree to defend, indemnify and hold us and our affiliates, officers, directors, employees and agents harmless from any claims, losses, damages, liabilities, costs or expenses (including reasonable legal fees) arising out of: your use of the Services, your content, any violation of these Terms or applicable law, or your breach of any representation or warranty.

16. Term; Suspension; Termination

You may stop using the Services at any time. We may suspend or terminate your access at our discretion (without liability to you) for any violation of these Terms, unlawful use, security threat, non‑payment, or if required by law. Upon termination your right to use the Services ends and you must cease using them. Sections 5, 7, 11, 13–19 survive termination.

17. Dispute Resolution; Governing Law

Governing Law: These Terms are governed by the laws of the Republic of the Philippines, without reference to conflict‑of‑law rules.

Venue: The courts located in Quezon City, Philippines shall have exclusive jurisdiction for all disputes, unless you are located in a jurisdiction that by law affords you different rights which cannot be waived.

All disputes shall be resolved exclusively in the courts specified above and not via arbitration.

18. Consumer Rights & Regional Supplements

• Philippines: Under RA 10173 and IRR, you have rights to be informed, to access, correct, erase or block your personal data, and to seek damages.
• United States (certain states like California, Colorado, Virginia, Connecticut): If you are a resident of a U.S. state that grants privacy rights (e.g., CCPA/CPRA, Colorado Privacy Act, Virginia CDPA), you may have additional rights like opt‑out and portability.
• European Economic Area / UK: If you are based there, you have rights under the General Data Protection Regulation (GDPR) including access, correction, erasure, restriction, data portability and objection to processing.

19. Changes to the Services or Terms

We may modify the Services, the features and these Terms to reflect changes in business, legal/regulatory environment, or security requirements. If changes are material we will give you advance notice (e.g., email or in‑product). Continued use after changes constitutes acceptance.

20. General

Entire Agreement. These Terms, along with our Privacy Policy and any referenced policies, constitute the entire agreement between you and us with respect to the Services.

Severability. If any provision is found invalid or unenforceable, the remainder remains in effect.

Assignment. You may not assign or transfer your rights under these Terms without our written consent; we may freely assign them to an affiliate or in connection with a corporate transaction.

Force Majeure. We will not be liable for delays or failures caused by events beyond our reasonable control.

Notices. We will contact you via the email address associated with your account; you may contact us at hi@prepfolio.app.