These Terms of Service (the “Terms”) form a binding legal agreement between you (the individual or entity using Wfolio) and Wfolio Limited (”Wfolio,” “Company,” “we,” or “us”), a Hong Kong-based company. By creating an account, or accessing or using Wfolio’s website, platform, and services (collectively, the “Service”), you agree to these Terms. If you do not agree, you must not use the Service.
For purposes of these Terms, the following capitalized terms have the meanings defined below. Other terms are defined in the context of these Terms.
2.1 Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an Account and use the Service. If you are under 18 but at least 13 years old, you may use the Service only with the involvement and consent of a parent or legal guardian. Children under 13 are not permitted to use Wfolio. By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you submit is truthful and accurate.
2.2 Account Registration: To access most features of the Platform, you must create an Account by providing a valid email address and setting a secure password (or by using an approved third-party login). You agree to provide and maintain accurate, current information about yourself as prompted by the registration process. You are responsible for all activities that occur under your Account and for maintaining the confidentiality of your login credentials. You must promptly notify Wfolio at our contact address listed below if you suspect any unauthorized use of your Account or any security breach. Wfolio is not liable for any loss or damage arising from your failure to keep your Account credentials confidential.
2.3 Account Use by Organizations: If you create an Account on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms. In such case, “you” will refer to the entity. If you do not have this authority, you must not use the Service on behalf of the entity.
2.4 One Account; No Transfers: You may only create one Account for yourself (unless the Service explicitly allows multiple accounts or team accounts). You may not sell, transfer, or allow others to use your Account without our prior written consent. We reserve the right to refuse registration or cancel accounts that violate these Terms.
2.5 Privacy: Your submission of personal information to Wfolio is governed by our Privacy Policy, which you can find on our website. We strongly encourage you to read the Privacy Policy, as it explains how we collect, use, and safeguard your data. By using the Service, you acknowledge that you have read and understood the Privacy Policy. (Note: The Privacy Policy is a separate document and is incorporated into these Terms by reference for information on data processing and protection.)
3.2 Features and Functionality: Wfolio provides tools to design websites, upload and store files, publish content, and manage your projects. Specific features may vary based on your Subscription Plan (for example, storage limits or custom domain support for paid plans). We reserve the right to add, change, or remove features of the Platform at any time. We will strive to inform you of any major changes, but the availability of certain features is not guaranteed. You understand that the Service is continuously evolving, and new tools or features may be offered as optional or beta services with their own terms.
3.3 Service Availability: We aim to keep the Platform running efficiently and securely. However, availability is not guaranteed. The Service may occasionally be unavailable due to scheduled maintenance, updates, or network or equipment failures. Wfolio will attempt to give advance notice of significant maintenance downtime, but we are not liable for any interruption or loss of data you might experience. You are responsible for maintaining your own internet access and equipment to use the Service.
3.1 License to Use the Service: Subject to your compliance with these Terms and any applicable laws, Wfolio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your own internal purposes. This license allows you to create and manage websites and content through our no-code Platform. You agree not to use the Service for any purpose or in any manner that is unlawful or prohibited by these Terms.
3.4 Third-Party Services: The Platform may integrate or interoperate with third-party services or content (for example, templates, plugins, domain registrars, payment processors, or embedding of third-party media). Any third-party services or content are provided solely for your convenience and are subject to the terms and privacy policies of those third parties. Wfolio does not endorse or assume any responsibility for third-party services. If you access or use any third-party services in connection with Wfolio, you do so at your own risk, and you agree that Wfolio has no liability arising from your use of or reliance on any such third-party services.
3.5 Beta Services: From time to time, Wfolio may invite you to try beta or early-access features that are still in development. These services are optional and provided “as is” without any warranties, and may be subject to additional terms. We may discontinue beta features at any time.
You agree to use Wfolio in a responsible manner. You may not misuse the Service. In particular, you agree that you will NOT use the Service (nor permit anyone else to use your Account) to:
4.1 Enforcement: Violation of this Acceptable Use Policy may result in suspension or termination of your Account (see Section 7). Wfolio reserves the right (but has no obligation) to review any User Content or activity for compliance with these Terms, and to investigate or take appropriate action against you at our sole discretion. This may include removing or disabling access to certain content, or reporting you to law enforcement if your activities are suspected to be unlawful. We are not responsible for any failure or delay in removing such material.
5.1 Wfolio’s Intellectual Property: All rights, title, and interest in and to the Service and Wfolio Content (including software, technology, algorithms, user interface design, know-how, and any content created or provided by Wfolio) are and will remain the exclusive property of Wfolio and its licensors. These are protected by copyright, trademark, and other intellectual property laws. Wfolio’s name, logo, and all related product or service names are trademarks of Wfolio Limited (or its affiliates or licensors). We only grant you a limited right to use the Service, as described in these Terms – we do not sell or transfer ownership of any part of the Service or our intellectual property to you. You must not remove any copyright, trademark, or proprietary notices from any part of the Service. You also agree not to copy, distribute, modify, reverse engineer, or create derivative works of our software or any Wfolio Content except as expressly allowed by us or by law.
5.2 Your Content and Ownership: You retain all rights to the User Content that you create or upload to the Platform. Wfolio does not claim ownership of your User Content. Subject to the licenses you grant us below, you hold any and all intellectual property rights that you already have under applicable law in your User Content.
5.3 License to Wfolio: In order for Wfolio to provide the Service to you and other users, you hereby grant Wfolio a non-exclusive, worldwide, royalty-free license (with the right to sublicense to our service providers and partners) to host, cache, store, reproduce, publish, distribute, perform, display (publicly or otherwise), and adapt (e.g. reformat or compress) your User Content solely for the purpose of operating, improving, or promoting the Service and as otherwise permitted by our Privacy Policy. This license enables, for example, that we can display your websites to visitors, backup your files, or modify images for faster loading. The license is limited to those purposes and persists for as long as your content is available on the Service. Once you remove or delete User Content from the Service, our license to that content will end after a reasonable period needed for full deletion from backups and systems.
5.4 Your Responsibilities for Content: You are solely responsible for all User Content you upload or create using Wfolio. This means you assume all risks related to your content, including anyone else’s reliance on its accuracy, or any claims that your content violates someone’s rights or the law. By uploading content, you represent and warrant that: (a) you have all necessary rights, licenses, or permissions to use and share that content and to grant Wfolio the license above; (b) your content is truthful (if it purports to be factual), not misleading, and does not violate any law or these Terms; and (c) your content will not cause injury to any person or entity. Wfolio is not responsible for any actions you take with respect to your content, or for any decision by you to make your content public.
5.5 Content Monitoring: Wfolio is not obligated to monitor User Content, but we reserve the right to review, screen, or delete any User Content at any time and for any reason (including if we reasonably believe it violates these Terms or the law). You understand that by using the Service, you may be exposed to content from others that you find offensive or objectionable. We are not responsible for the content posted on the Platform by any users, and you agree that your use of the Service is at your own risk.
5.6 Feedback: If you send Wfolio any feedback, suggestions, ideas, or improvement requests (e.g. bug reports or feature requests), you agree that Wfolio is free to use, modify, and incorporate them in our products and services without compensation or obligation to you. Any feedback you provide is completely voluntary, and we may use it for any purpose.
6.1 Plans and Fees: Wfolio may offer different Subscription Plans, including free plans and various paid plans with additional features or usage limits. By selecting a paid plan, you agree to pay the associated fees as described on our pricing page or order form. Fees are typically charged on a periodic subscription basis (e.g. monthly or annually, as you choose) and are exclusive of any taxes (such as VAT or sales tax) unless otherwise stated. You are responsible for paying all applicable taxes and duties, except for taxes based on Wfolio’s income.
6.2 Billing and Payment: When you subscribe to a paid plan, you must provide a valid payment method (such as a credit card or other accepted payment provider). You authorize Wfolio (or our designated payment processor) to charge your provided payment method for the initial subscription term and recurring subscription fees thereafter until you cancel. Subscription fees will be charged in advance of each billing cycle (e.g. at the beginning of the month or year, depending on your plan). We may utilize secure third-party payment processors to handle your payments; Wfolio does not store your full payment card details on our own servers. You agree to keep your billing information current, complete, and accurate (such as updating any credit card expiration dates). If we cannot charge your payment method for any reason (e.g. card expiration or insufficient funds), we may suspend or downgrade your Account for non-payment.
6.3 Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle for an additional term of the same length (e.g. your monthly subscription will renew for another month), unless you cancel your plan or downgrade to a free plan before the renewal date. We will bill the then-current subscription fee to your authorized payment method on file at the time of renewal. Wfolio may, at its discretion, send a reminder or notice of upcoming renewal, especially for annual plans or if there are changes in fees, but it remains your responsibility to manage your subscription settings.
6.4 Fee Changes: Wfolio may change the price of Subscription Plans from time to time. We will provide advance notice of any material fee increase, for example by emailing the address associated with your Account or by posting a notice on the Platform. Fee changes will apply at the start of the next billing cycle following the notice. If you do not agree to a fee change, you may cancel your subscription before the new fee takes effect. By continuing to use the Service after the price change becomes effective, you agree to pay the updated fee.
6.5 Refunds: All fees are non-refundable unless otherwise stated in a specific plan’s refund policy or as required by applicable law. This means that if you cancel in the middle of a paid period, you will not receive a pro-rated refund for the remaining period. For example, if you cancel a yearly plan after 6 months, you will retain access to premium features for the remaining 6 months you’ve paid for, but you will not receive a refund for the unused months. We may consider exceptions in extenuating circumstances (at Wfolio’s sole discretion), but such exceptions do not obligate us to provide future refunds. Any free trial or satisfaction guarantees will be governed by their specific terms, if offered.
6.6 Downgrades and Upgrades: You may upgrade your Subscription Plan at any time, and the new fees will apply immediately or at the next billing cycle as communicated at the time of upgrade (for example, if you upgrade from a free plan to a paid plan, you will be charged immediately; if you upgrade from monthly to annual, the change may take effect at the period end or as otherwise agreed). Downgrading to a lower plan or free tier may cause loss of features or capacity—ensure you backup any data or adjust usage to fit the new plan limits before downgrading. If you exceed plan limits without upgrading (for example, using more storage or bandwidth than your plan permits), Wfolio reserves the right to charge you for the overage or restrict your usage until you comply with limits.
6.7 Late Payments: If any amounts owed to Wfolio are not paid by the due date, Wfolio may charge a late fee or interest at the rate of 1.5% per month (or the highest rate allowed by law, if lower) on the overdue amount until paid. You will also be responsible for any costs of collection (including reasonable attorneys’ fees) for overdue amounts.
7.1 By You (Cancellation): You may stop using the Service at any time. You may also cancel your Account or any paid subscription by following the instructions in your Account settings or by contacting our support. If you cancel a paid Subscription Plan, the cancellation will take effect at the end of your current billing period (you will retain access to the paid features until that period ends, unless we decide to grant an earlier cancellation effective date). Once the cancellation is effective, you will be downgraded to a free plan (if available) or your Account will be closed. No further charges will be billed for the cancelled plan after the effective cancellation date. Please note that merely uninstalling a Wfolio app or closing a browser will not cancel your Account – you must follow the Account cancellation procedures to formally terminate your relationship.
7.2 By Wfolio: Wfolio may suspend or terminate your Account or access to the Service at any time with or without cause, though we will make a good-faith effort to provide notice to the email on file in most cases. Reasons we might terminate or suspend include, but are not limited to:
Suspension may be used to investigate suspected misconduct. We are not responsible for any loss you may incur due to suspension or termination of your Account.
7.3 Effect of Termination: Upon termination of your Account for any reason: (a) your license to use the Service ends immediately, and you must stop using the Platform; (b) your access to any of your User Content in the Service will cease, so you should retrieve any content or data that you wish to keep from your Account before terminating. We may permanently delete your User Content from our systems shortly after account termination, except to the extent we are obligated or permitted to retain it under applicable law or for legitimate business purposes (e.g., backups, dispute resolution). Wfolio shall not be liable to you or any third party for termination of your Account or deletion of your content, provided we follow the terms of our Privacy Policy in handling any personal data. Any accrued obligations or rights (including any payment obligations up to the termination date and Sections of these Terms that by their nature should survive) will survive termination. This includes, without limitation, provisions on intellectual property, warranty disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.
7.4 Data Portability: We encourage you to maintain backups of your content. If your Account is terminated or downgraded, we may provide a limited window of time for you to export or download your User Content (when feasible). It is your responsibility to export or save your content before termination whenever possible.
8.1 Disclaimer of Warranties: Wfolio provides the Service on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Wfolio disclaims any and all warranties and representations of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or expectations, that the Service will be uninterrupted, timely, secure, or error-free, or that results obtained from its use will be accurate or reliable. No advice or information, whether oral or written, obtained from Wfolio or through the Service, will create any warranty not expressly made herein. You understand and agree that you use the Service at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of the Service or downloading or uploading of any material through the Service. Wfolio does not guarantee the security of data transmitted to or stored on the Platform, although we make commercially reasonable efforts to protect your data as described in our Privacy Policy. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you to the extent prohibited by law.
8.2 Limitation of Liability: To the fullest extent permitted by applicable law, in no event will Wfolio or its affiliates, officers, directors, employees, agents, partners, or licensors be liable to you or any third party for: any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for lost profits, lost revenue, lost savings, loss of business opportunity, loss of data, or business interruption, arising out of or in connection with the use of or inability to use the Service, even if Wfolio has been advised of the possibility of such damages. Additionally, Wfolio’s total cumulative liability arising from or related to the Service (including any cause of action sounding in contract, tort, or strict liability) shall not exceed the total amount of fees you have paid to Wfolio in the twelve (12) months immediately prior to the event giving rise to the liability, or USD $100, whichever is greater. If you have paid no fees to Wfolio in that period, and $100 is not allowed by applicable law, then our liability will be limited to the maximum extent permitted by law. The existence of multiple claims will not enlarge this limit. This limitation of liability is a fundamental element of the basis of the bargain between you and us. You acknowledge that Wfolio would not be able to provide the Service on an economically feasible basis without such limitations.
Some jurisdictions do not allow the exclusion or limitation of certain damages or liability (for example, limiting liability for personal injury or gross negligence), so the above limitations may not apply to you fully. In such jurisdictions, Wfolio’s liability will be limited to the greatest extent permitted by law.
8.3 You specifically agree that Wfolio is not liable for any content (including User Content) that may be considered offensive, illegal, or objectionable, and any risk of harm or damage from the foregoing rests entirely with you. Wfolio is not responsible for the conduct, whether online or offline, of any user of the Service.
8.4 Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law – for example, certain statutory warranties or liabilities for personal injury caused by negligence may not be excluded. To the extent any legally mandatory warranties or liabilities arise, and they cannot be disclaimed or limited, we do not disclaim them but limit their duration and remedies to the minimum permitted by law.
You agree to indemnify, defend, and hold harmless Wfolio Limited and its affiliates, and each of their respective officers, directors, employees, agents, and representatives (collectively, the “Wfolio Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to any claim, demand, action, or proceeding brought by a third party (including governmental authorities) due to or arising out of:
Wfolio reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and if we do so, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of Wfolio. We will use reasonable efforts to notify you of any claim requiring indemnification upon becoming aware of it. This indemnity obligation will survive the termination or expiration of your use of the Service and these Terms.
10.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with the Service or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (HKSAR), excluding its conflict of laws principles. If you reside outside of Hong Kong, you understand and agree that Hong Kong law will apply to the maximum extent permitted, and that consumer protection or other laws of your country of residence may apply only where mandatory. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
10.2 Jurisdiction and Venue: Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Service that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Hong Kong. You and Wfolio consent to the personal jurisdiction of the Hong Kong courts for litigating such disputes. Notwithstanding the foregoing, Wfolio reserves the right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or enforce these Terms.
10.3 Dispute Resolution and Arbitration (if applicable): At our sole discretion, Wfolio may require you to submit any dispute (that would otherwise be resolved in court) to binding arbitration in Hong Kong, in English, under the rules of the Hong Kong International Arbitration Centre (HKIAC). In such case, the arbitration award will be final and binding, and may be entered in any court of competent jurisdiction. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Wfolio will seek to have any dispute heard as a class action, private attorney general action, or in any proceeding in which either party acts or proposes to act in a representative capacity. You and Wfolio further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of all parties. (If you are a consumer in a jurisdiction that does not allow mandatory arbitration or class action waivers, this paragraph may not apply to you. In such cases, you retain the rights provided to you by law.)
10.4 Informal Resolution: Before filing any formal claim, you agree to first try to resolve the dispute informally by contacting Wfolio at the email or address provided in the Contact Information section. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may pursue formal resolution as outlined above.
11.1 Changes to the Service: We reserve the right to modify, update, or discontinue the Service (or any portion of it) at any time, with or without prior notice. For example, we may remove features, reallocate resources, or make changes to improve security or comply with legal requirements. If any change to the Service will significantly affect your use or rights, we will endeavor to provide advance notice via the Service or email. However, we are not liable if all or any part of the Service is unavailable or modified at any time.
11.2 Entire Agreement: These Terms, together with any documents or policies expressly incorporated by reference (such as the Privacy Policy and any additional product-specific terms), constitute the entire agreement between you and Wfolio regarding the Service, and supersede all prior agreements, understandings, or representations, whether written or oral, relating to the same subject matter. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms.
11.3 Amendments to Terms: Wfolio may update or revise these Terms from time to time. Material changes will be effective only after we provide you with notice (for example, by emailing the address associated with your Account or by displaying a prominent notice within the Service) and an opportunity to review the revised Terms. Non-material changes (such as clarifications or typos) take effect immediately upon posting the updated Terms on our website. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your Account before the changes take effect. The “Effective Date” at the top of this document will indicate when these Terms were last revised.
11.4 No Waiver: No waiver by Wfolio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wfolio’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. To be legally binding on Wfolio, any waiver must be in writing (and not just implied by action or inaction).
11.5 Severability: If any provision of these Terms is held by a court of competent jurisdiction (or an arbitrator, if applicable) to be invalid, illegal, or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The parties nevertheless agree that the court (or arbitrator) should endeavor to give effect to the parties’ intentions as reflected in the provision, to the extent permitted by law.
11.6 Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without Wfolio’s prior written consent. Any attempted assignment by you in violation of this section is void. Wfolio may freely assign or transfer these Terms or any of its rights or obligations, in whole or in part, without notice to you. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
11.7 No Third-Party Beneficiaries: These Terms are solely for the benefit of you and Wfolio. Except as expressly provided in these Terms, no other person or entity shall have any rights to enforce any term of this Agreement. In particular, a person who is not a party to this Agreement (including any user accessing the Service through your Account) shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong, or similar laws in other jurisdictions, to enforce any provision of these Terms.
11.8 Relationship of the Parties: You and Wfolio are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to make or accept any offers or representations on behalf of the other.
11.9 Force Majeure: Wfolio will not be liable for any failure or delay in performance of its obligations (other than payment obligations) under these Terms if the delay or failure is due to any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, pandemic, labor disputes, utility failures, or Internet/network disturbances.
11.10 Notices: Wfolio may provide notices to you under these Terms by email to the address associated with your Account, by postal mail if you have provided a mailing address, or by postings within the Service interface. You will be deemed to have received such notice within 24 hours of when email is sent or notice is posted on our site, or within 5 business days after postal mailing. You are responsible for keeping your contact information up to date. You may give notices to Wfolio by email or mail using the contact information listed in the next section.
11.11 Language: These Terms are provided in the English language. If we provide a translation of these Terms into another language, the English language version will prevail in the event of any conflict or discrepancy in interpretation.
If you have any questions, concerns, or complaints about these Terms or the Service, or if you need to contact Wfolio for any reason, please reach out to us:
Wfolio Limited (Hong Kong)
Address: Unit 1603, 16th Floor, The L. Plaza, 367-375 Queen’s Road Central, Sheung Wan, Hong Kong
Email: support@wfolio.pro
WhatsApp: +1 (585) 866-1000
We will do our best to respond to your inquiry in a timely manner.
Thank you for reading our Terms of Service. By using Wfolio, you agree to these Terms. We encourage you to periodically review these Terms and our Privacy Policy to stay informed about your rights and obligations when using our Service.