Version 1.1, 31 July 2021
The Simfolio website located at www.simfolio.co ("the Website") and the Simfolio mobile app ("the Mobile App") are a copyrighted work belonging to Tribyst (Pty) Ltd, Registration number 2019/489582/07, trading as Tribyst ("we", "us", "our", "Simfolio", "Tribyst", "Company").
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms described the legally binding terms and conditions that oversee your use of the Website or the Mobile App. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE WEBSITE OR THE MOBILE APP.
The service that Simfolio provides is a personal investment tracking and forecasting service that allows you to visualise your assets and liabilities, and forecast how they might change over time given some user inputted assumptions.
The service does not provide or include any tax, legal or financial advice.
You must register to use the Simfolio service. To register, you need to provide us with your Name and Email Address ("Registration Information")
As at 1 May 2021, Simfolio is free to download and use.
To use Simfolio, you are required to login using your Registration Information, which can be provided to us by Google or Apple Authentication.
If you suspect that there has been a breach on your details, you must change your login details and contact us at firstname.lastname@example.org
The account linking Service relies on the automated collection of account information ("Account Aggregation") from your Product/Service Providers' secure websites and systems.
If necessary, we may need you to give your Product/Service Providers written notice that you have authorised us to collect your Account Information on your behalf. If you don’t give them written notice and as a result we can’t provide the Service to you, we may have to terminate your access to the Service.
We are not responsible for the products and services offered by any Product/Service Providers.
The Service is not endorsed or sponsored by any Product/Service Providers accessible through the Service.
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Website or the Mobile App solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or the Mobile App; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or the Mobile App; (c) you shall not access the Website or the Mobile App in order to build a similar or competitive app/website; and (d) except as expressly stated herein, no part of the Website or the Mobile App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website or the Mobile App shall be subject to these Terms. All copyright and other proprietary notices on the Website or the Mobile App must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Website or the Mobile App with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Website or the Mobile App or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Website or the Mobile App.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website or the Mobile App and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Website or the Mobile App do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means any and all information and content that a user submits to the Website or the Mobile App. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Website or the Mobile App. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Website or the Mobile App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website or the Mobile App any software intended to damage or alter a computer system or data; (ii) send through the Website or the Mobile App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Website or the Mobile App to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or the Mobile App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website or the Mobile App, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website or the Mobile App; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website or the Mobile App, or to generate automated searches, requests, or queries to the Website or the Mobile App.
If you provide Company with any feedback or suggestions regarding the Website or the Mobile App, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Website or the Mobile App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. The Website or the Mobile App may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Website or the Mobile App user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website or the Mobile App user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website or the Mobile App. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other app/website, Simfolio uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the app/website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Website or the Mobile App. We may suspend or terminate your rights to use the Website or the Mobile App at any time for any reason at our sole discretion, including for any use of the Website or the Mobile App in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website or the Mobile App will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
Company respects the intellectual property of others and asks that users of our Website or the Mobile App do the same. In connection with our Website or the Mobile App, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Website or the Mobile App who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website or the Mobile App, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website or the Mobile App. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website or the Mobile App. These changes will be effective immediately for new users of our Website or the Mobile App. Continued use of our Website or the Mobile App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Website or the Mobile App or send us emails, or whether Company posts notices on the Website or the Mobile App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Website or the Mobile App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Website or the Mobile App are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
These terms are goverened and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You consent to the exclusive jurisdiction of the courts of the United Kingdom over any dispute about the service or these terms.
Full name: Tribyst (Pty) Ltd, Registration number 2019/489582/07, trading as Tribyst
Address: 267 High Level Rd, Sea Point, Cape Town, 8005