User Agreement
(Public offer)

This User Agreement (hereinafter referred to as the Agreement) is an offer of Wfolio Limited (hereinafter referred to as the Contractor), and is addressed to an unlimited number of persons, including any individual with legal capacity, as well as a legal entity with legal capacity established by law (hereinafter referred to as the User) on the conditions stated below.

Acceptance of the offer, i.e., full and unconditional acceptance of the terms of this Agreement, is considered as the registration of the User on the Contractor's website https://wfolio.com.

Terms and definitions

1. Subject of the Agreement

1.1. The Contractor shall grant the User a non-exclusive license to use the CMS and Templates to create the Site, and also shall provide other related services indicated on the Contractor's website.

1.2. The User uses the CMS and Templates in accordance with the terms of this Agreement. Payment for the Contractor's services is made according to the selected Tariff, unless otherwise provided by the Tariff.

2. General provisions

2.1. To use the CMS, the User registers on the Contractor's website https://wfolio.com/signup

2.2. The User gets access to the Account and the Personal Cabinet after registration.

2.3. All actions performed in the Personal Account are considered to be performed on behalf of the User directly or on his personal behalf.

2.4. The User is personally responsible for:
a) keeping login and password safe.
b) loss and / or disclosure of the login and password to third parties and the consequences arising in this case.

2.5. The User is warned by the Contractor that the negative consequences associated with the transfer of his/her Account data to third parties are entirely the responsibility of the User. When transferring data, the User is obliged to familiarize third parties with the Agreement, and the User bears all responsibility for the actions of third parties, as for his own.

2.6. CMS can be used by persons over the age of 18. By registering, the User guarantees that he is over 18 years old.

3. Terms of use

3.1. The User has the right to use the CMS on the terms of this Agreement and in accordance with the provisions of the current legislation of Hong Kong.

3.2. CMS has combined various services and provides the ability to access them. Issues related to the use of the services are resolved between the owner of the service and the User directly. The Contractor is not a party of these relationships of the parties.

3.3. CMS and the Services are provided on an "as is" basis. all risks associated with

3.4. The User agrees that the use of the CMS and the provision of services are at his own risk.

3.5. The Contractor cannot guarantee the User (including, but not limited to): the suitability of using the CMS for specific purposes, safety and security, accuracy, completeness, performance, system integration, uninterrupted operation, absence of errors, troubleshooting, absence of viruses, legality of use in any territory.

3.6. The Contractor is not responsible for:
a) the impossibility of using the CMS for reasons beyond the control of the Contractor;
b) any acts and/or omissions of service providers, services, networks, software or equipment;
c) distortion, alteration, loss of the Content;
d) the security of the User's login and/or password;
e) unauthorized and/or illegal use by third parties of the login and/or password of the User;
f) damage that may be caused to any devices and storage media and / or software of the User as a result of using the CMS and / or providing services to it.

4. Exclusive rights to intellectual property results

4.1. The Contractor owns exclusive rights in relation to the CMS and its components (Templates, code, design, databases, know-how) that subject protection in accordance with applicable law.

4.2. A non-exclusive license grants the right to use. All exclusive rights to the CMS and its components belong to the Contractor and are not transferred to the User.

4.3. A non-exclusive license is granted for the term of this Agreement on a worldwide basis without the right to issue sublicenses.

4.4. The User has the right with the help of CMS:
a) Create Sites, including using Templates;
b) Change, improve and modify the Sites;
c) Connect a domain name and various services to the Sites.

4.5. The User has the right to use the Templates to create the Site solely with the help of the CMS.

4.6. The rights to the program code of the Sites, including layout, belong entirely to the Contractor.

4.7. The User has the right to change and modify the Site only with the help of the CMS functionality.

4.8. The User must save the Contractor's identifier "Site by wfolio" on the Sites, unless otherwise provided by the Tariff Plan.

4.9. When creating the Site, the User must replace the images, icons, texts that are in the Templates. These objects are used solely as samples for demonstration purposes and cannot be used directly. The use of the Content on the Site is possible only if the User reaches the relevant agreements with the copyright holders directly.

4.10. By uploading Content to the CMS, the User grants the Contractor the right to store and process the Content in order to fulfill the Agreement, including to ensure the correct operation of the CMS, minimize its failures, and other things.

4.11. The User guarantees that he has the rights to the Content and does not violate the rights of third parties to the results of intellectual activity and equivalent means of individualization, the rights to information constituting a trade secret, does not harm the honor, business reputation and dignity of third parties, does not violate national and international legislation. The User is solely responsible for the posted Content.

4.12. When using images posted in the personal account, the User is responsible for the legality of the images used. In the event of a request from the copyright holder to stop the misuse of the image by the User, the Contractor, at its discretion, has the right to block the User's account or restrict the User's right to post images.

4.13. The User agrees that all property and / or personal non-property copyrights within the image belong to the Authors and are not transferred (not alienated) under this Agreement. The User undertakes not to take actions that may lead to a violation of the rights of the Author or the copyright holder of the corresponding image.

4.14. The user is responsible for all damages resulting from copyright infringement, including any claims by third parties.

5. Services

5.1. The Contractor provides the User with the following services:
a) providing a third-level subdomain of the format "____.wfolio.pro";
b) providing space on the servers to host the Site.

5.2. The subdomain address is selected automatically by the CMS. The User has the right to change the subdomain address in the Personal Account.

5.3. The Contractor does not guarantee that the User will retain the subdomain address and has the right to withdraw it unilaterally.

5.4. The Contractor cannot guarantee the operability and safety of the servers on which the site is provided. The User assumes the risks of loss associated with interruptions in the operation of the Site and the loss of Content.

5.5. The Contractor has the right to refuse to provide the User with the service of providing space on the server for hosting the Site if the Site creates a high load on the server and / or interferes the stable operation of the CMS, and / or creates any kind of threat to the CMS, including those entailing negative consequences in one or in another form for CMS and/or the Contractor.

5.6. The User has the right to cancel the Tariff within 14 days from the date of payment. Refunds are not made in case of refusal after the specified period.

6. Prohibited actions

The user does not have the right to:

6.1. Use the CMS, as well as the Templates, in ways that are contrary to the terms of this Agreement.

6.2. Create derivative products based on the Site and elements of the Templates, as well as integrate the Site into other results of intellectual activity;

6.3. Make attempts to circumvent the technical limitations set by the CMS.

6.4. Perform any actions with the source code of the CMS that entail its change.

6.5. Remove the identifier "Website from wfolio" from the Site, unless otherwise provided by the Tariff.

6.6. Carry out any actions to hide the "Site from wfolio" identifier, including using CSS code.

6.7. Use the CMS and the Site for the publication, distribution, storage, transmission in any form of Content that:
a) is illegal, harmful, threatening, slanderous, inciting violence against any person or group of persons, or calling for inhuman treatment of animals, committing illegal activities, including explaining the procedure for using explosives and other weapons, violates generally accepted rules behavior and moral and ethical standards, contains profanity, promotes hatred and / or discrimination, and also contains negative statements regarding religion, politics, as well as political and public figures, electoral associations (political parties, organizations, movements, etc.) and other persons, racial, ethnic, gender characteristics, personal qualities, abilities, sexual orientation and appearance of third parties, contains insults to specific persons or organizations;
b) may be perceived as promoting certain political and religious views, violence, drug use, alcohol and smoking;
c) contains public calls for mass riots, participation in mass events held in violation of the established order, for terrorist activities or publicly justifying terrorism, other extremist materials, unreliable socially significant information distributed under the guise of reliable messages, which creates a threat of mass violation of public order and (or) public safety.
d) violates the rights of minors;
e) violates the rights of third parties to the results of intellectual activity and equivalent means of individualization, the rights to information constituting a commercial secret, damaging the honor, business reputation and dignity of third parties, violating national and international legislation.
f) contains information not permitted for disclosure, including content of an intimate nature;
g) contains malicious software (viruses, worms, trojans or other computer codes, files or programs) designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment (their parts), for unauthorized access, to gain access to commercial software products by providing serial numbers of logins, passwords, programs for their generation and other means to obtain unauthorized access to paid resources, as well as posting links to the above information;
h) is Spam, i.e. distribution without the consent of the recipient of messages of a commercial and non-commercial nature in the form (including, but not limited to): advertising of goods, the circulation of which is prohibited or restricted in accordance with the legislation of Hong Kong; messages of social and/or religious-mystical content with a call for further dissemination of such messages; lists of other people's email addresses; pyramid schemes, multi-level (network) marketing (MLM); referral links; Internet earning systems and online businesses;
i) violates the legislation of Hong Kong, as well as the norms of international law;
j) may be used for illegal collection, storage and processing of personal data of other persons;
k) contains advertisements and/or offers for the provision of erotic spas and other similar services.

6.8. Use CMS and/or the Site for:
a) Violations of the work of the CMS, including the placement of elements that impede the exchange of information in real time, open additional browser windows, replace the functional elements of the interface, etc.
b) Placement of links to resources, the content of which is contrary to the current legislation of Hong Kong and international law.
c) Distribution of untrue information regarding their involvement with the Contractor and / or its partners.d) Facilitating any activities aimed at violating the restrictions and prohibitions imposed by the Agreement, as well as violating the norms of the current legislation.
f) Creation and placement of websites of microfinance organizations, as well as websites of any other subjects of law whose activity is the issuance of loans and / or loans of any kind, the conclusion of pledge agreements for the issuance of funds, activities similar to the activities of pawnshops, with the exception of credit organizations (banks) and pawnshops that have an appropriate license and / or other title (permitting) documents. At the same time, the User is obliged to place these documents on the website in free access for familiarization with them.
f) Creation of pages used solely for redirection to third party sites.
g) Using the account as a transfer account to circumvent the rate cap, including but not limited to generating revenue, as well as for the purpose of deleting the "Site by wfolio" identifier transferred to such a transfer account.

6.9. Change the domain name and / or copy and / or transfer to another Account the Site, the Content and / or part of the Content of which violates the norms of applicable law and / or the terms of the Agreement, and in respect of which a restriction has been established and / or blocking has been carried out, including for the purpose circumvention of restrictions and / or blocking of such Site.

6.10. Place on the CMS a Site that is recognized as prohibited in the territory of any state.

7. Blocking and removal

7.1. The Contractor has the right to immediately block the Site and / or User Account in the event of:
a) Identification of a violation by the User of the provisions of this Agreement;
b) Identification of a violation by the User of the provisions of the current legislation of Hong Kong;
c) Receipt of a claim from third parties about violation by the User of their rights;
d) Obtaining relevant requirements from public authorities.

7.2. Blocking means the inability to get acquainted with the content of the Site on the Internet.

7.3. The user undertakes to independently take all actions to stop the identified violation.

7.4. In case of blocking due to the receipt of a claim from third parties about the violation of their rights by the User, the User has the right to use the Site in the future only on condition that the Contractor has received a written notification from the complainant that the dispute has been resolved and the third party has no claims.

7.5. In case of receipt of requirements from public authorities, the Contractor shall block the account of the User who committed the violation. At the same time, the account is not unblocked until the Contractor receives official notification from the above public authorities, about the absence of any claims and requirements against the User whose account was blocked, as well as against projects created (hosted) by the specified User.

7.6. The Contractor has the right to deny access to the User and block the Site containing implicit advertising of goods and services prohibited by the legislation of Hong Kong, as well as international law.

7.7. In case of refusal to stop the violation or repeated blocking of the Sites, the Contractor has the right to unilaterally delete the Account with all Sites, Content and data.

8. Tariffs

8.1. Types of Tariffs are available at the link https://wfolio.com.

8.2. Tariffs can be changed by the Contractor unilaterally. The cost of the paid period is not subject to change.

8.3. After registration, the User has the right to use CMS for free on a trial Tariff.

8.4. To switch to a paid Tariff, the User pays for it using the methods offered by the CMS functionality. The transition between paid Tariffs is possible upon payment of the cost of the new Tariff in full.

8.5. Payment of the Tariff is carried out on the terms of an advance payment in the amount of 100 percent of the specified cost.

8.6. The date of payment is the date the funds are credited to the account of the Contractor.

8.7. The obligation to pay is considered unfulfilled if the funds are returned at the request of the payment organization. 8.1. Types of Tariffs are available at the link https://wfolio.com.

8.2. Tariffs can be changed by the Contractor unilaterally. The cost of the paid period is not subject to change.

8.3. After registration, the User has the right to use CMS for free on a trial Tariff.

8.4. To switch to a paid Tariff, the User pays for it using the methods offered by the CMS functionality. The transition between paid Tariffs is possible upon payment of the cost of the new Tariff in full.

8.5. Payment of the Tariff is carried out on the terms of an advance payment in the amount of 100 percent of the specified cost.

8.6. The date of payment is the date the funds are credited to the account of the Contractor.

8.7. The obligation to pay is considered unfulfilled if the funds are returned at the request of the payment organization.

8.8. The User's non-use of the CMS is not grounds for exemption from payment by the User.

8.9. Upon expiration of the Tariff, it is automatically extended for the same period. The Contractor shall automatically debit the corresponding amount from the User's payment card in accordance with the current Tariffs.

8.10. The User has the right to cancel the auto payment function or notify the Contractor of the refusal to renew the paid Tariff no later than 3 (three) days before the expiration date.

8.11. When paying the Tariff for the first time, the User grants the Contractor and its partners consent to store information about his payment card and agrees to charge a fee from the payment card for:
a) carrying out the auto payment function;
b) writing off other payments related to the Agreement;
c) repayment of the User's debt under the Agreement.

9. The Contractor has the right to

9.1. Change, modify and update the CMS without the need to obtain prior consent and notification of the User.

9.2. Set any restrictions on the use of CMS.

9.3. Delete the User Account that has not been used by the User for six or more calendar months.

9.4. Send the User messages, notifications, requests, advertising and informational information.

9.5. Send the User information about webinars, videos and other information about the CMS.

9.6. Post the "Site by wfolio" identifier on the Site.

9.7. Get access to the User's Personal Account to monitor the correct operation of the CMS.

9.8. Carry out preventive work, entailing the suspension of the work of the CMS.

9.9. Resume the User's access to the Account in case of hacking, loss or change of login/password, if: The User has completed all the mandatory actions provided for in the instructions for resuming access provided at the User's request.

10. Personal data

10.1. The CMS processes the User's personal data in order to fulfill the Agreement in accordance with the requirements established by the General Data Protection Regulation (GDPR).

10.2. The procedure for processing and protection of personal data is determined by the Policy of processing and protection of personal data, located at https://wfolio.com

10.3. CMS does not process personal data collected by the User on the Sites, but only provides computing power that can be used by the User to collect personal data.

10.4. If the User processes personal data of third parties, the User is solely responsible for compliance with appropriate measures to protect personal data in accordance with the requirements of the General Data Protection Regulation (GDPR) and other laws and regulations, in including in terms of obtaining appropriate permits, posting the necessary documents and information on the Site.

11. Responsibility

11.1. The Contractor is not responsible for direct or indirect losses, as well as lost profits of the User.

11.2. The responsibility of the Contractor under this Agreement cannot exceed the cost of services paid by the User in accordance with the selected Tariff.

11.3. When the Contractor is filed any claims, demands and / or claims for violation of the rights of third parties related to the actions of the User, the User assumes the obligation to settle them and compensate losses to the Contractor if it occurs.

12. Term of the Agreement

12.1. This Agreement comes into force from the moment of its acceptance and is valid until the User Account is deleted.

12.2. Account to be deleted:
a) At the request of the User
b) On the grounds provided for in section 7.

12.3. In case of deletion of the Account with the current paid Tariff, the licensed part of the remuneration is non-refundable. The user has the right to demand a refund for the paid, but not rendered period of the provision of services.

12.4. After deleting the Account, the User is not entitled to use the Site and Templates in any way.

13. Resolution of disputes and disagreements

13.1. All disputes or disagreements arising between the Parties in connection with the execution of this Agreement shall be resolved by them through negotiations.

13.2. If the Parties fail to reach an agreement, disputes and disagreements are subject to resolution in the complaint procedure. The deadline for responding to a claim is 30 days.

13.3. If it is impossible to reach an agreement, the dispute shall be submitted to the court at the location of the Contractor.

13.4. The applicable law is the legislation of Hong Kong.

14. Final provisions

14.1. The Agreement may be amended or supplemented by the Contractor without notifying the User at any time. The new version of the Agreement comes into force from the moment it is posted on the CMS.

14.2. Continued use of the CMS after making changes and / or additions to the Agreement means the acceptance and consent of the User with such changes and / or additions.

14.3. The Agreement is governed by and construed in accordance with the laws of Hong Kong. Issues not regulated by the Agreement shall be resolved in accordance with the provisions of the current legislation of Hong Kong.

14.4. If any of the provisions of the Agreement proves to be void in accordance with the legislation of Hong Kong, the remaining provisions are valid, and the Agreement will be executed by the Parties in full without regard to such provision.

14.5. The Agreement is drawn up in English.



WFOLIO LIMITED

UNIT 1603, 16TH FLOOR

THE L. PLAZA367-375 QUEEN’S ROAD

CENTRAL SHEUNG WAN

HONG KONG

+85258014748