PortfoWhisper

Terms of Service

Last updated: [TODO: date]

1. Who we are

PortfoWhisper ("the service", "we", "us") is operated by [TODO: company name] S.R.L., a company registered in Romania, registered office [TODO: address], Trade Register number [TODO: J__/____/____], fiscal code [TODO: CUI]. Contact: support@portfowhisper.com. Full company details are in the legal notice.

These terms apply to everyone who uses the service. By sending /start to the bot you accept them. If you do not accept them, do not use the service.

2. Who can use the service

3. The service

PortfoWhisper is a Telegram bot (@PortfoWhisperBot) that sends alerts about U.S.-listed stocks you choose to follow. Alerts are based on public information, mainly:

Alerts are selected by rules and written or summarised automatically by AI language models that we run on our own servers. On the Free plan, alerts are sent with a delay of about 5 minutes after publication.

We may also publish some alerts, without any personal data, on our public social media accounts, for example on X.

4. Not investment advice

The service is a general, impersonal information publication. It is not investment, financial, legal or tax advice, and it is not a recommendation to buy, sell or hold any security. Alerts do not take into account your personal situation, objectives or risk tolerance.

We are not a registered investment adviser, broker-dealer or financial services provider with the U.S. Securities and Exchange Commission (SEC), FINRA, the Romanian Financial Supervisory Authority (ASF) or any other regulator. Past insider transactions, fund positions or trends do not predict future results. Investing involves risk, including the loss of the money you invest. You alone are responsible for your investment decisions; consider consulting a licensed professional before you make them.

5. Accuracy of data and AI summaries

Filings can be late, amended or wrong at the source. AI summaries can misread a filing, leave out important context or contain mistakes. Alerts can arrive late or not at all, for example when a data source, Telegram or our servers are unavailable. Always check the original filing on SEC EDGAR before you rely on an alert. The "importance" of an alert is our automated estimate, not an assessment of whether the information matters to you.

6. Free trial, plans and prices

Prices are in euros. For consumers in the EU, prices include VAT. Where other taxes apply, such as U.S. sales tax, they are shown before you pay. [TODO: confirm VAT/OSS and Stripe Tax set-up] If you pay in another currency, your bank may charge conversion fees.

7. Payment, renewal and cancellation

You subscribe with /pro in the bot. The bot sends a link to a Stripe checkout page, where you pay by card. The contract for Pro is concluded when your payment is completed. Stripe processes the payment; we never see your card number.

Automatic renewal. Pro renews automatically at the end of each period, monthly or yearly, and the same price is charged to the same card until you cancel. The checkout page shows the price and the renewal period before you pay. For the yearly plan, the bot reminds you 30 days before each renewal, with the date, the price and how to cancel.

Cancellation. You can cancel at any time with /cancel in the bot. Cancellation stops the next renewal; Pro stays active until the end of the period you have paid for. If you cannot use the bot, for example because you lost access to your Telegram account, you can cancel by email to support@portfowhisper.com. Write from the email address you entered when you paid on the Stripe checkout page (the one that receives your payment receipts), so we can match the request to your subscription. If you no longer have access to that address, write from another one and include the receipt number from one of your payment receipts (for example 1234-5678) or, if you do not have it, the date and amount of a payment, the name on the card and its last four digits. We cancel only when these details match exactly one subscription; if they match more than one, we ask you for more before we act.

Price changes. We tell you about a price change in the bot at least 30 days before it applies to your next renewal. If you do not agree, cancel before the renewal; the old price applies until then.

Details on cancellations and refunds are on the refunds page.

8. Right of withdrawal (EU/EEA consumers)

If you are a consumer living in the EU or EEA, you have the right to withdraw from the Pro contract within 14 days without giving any reason (Romanian Government Emergency Ordinance 34/2014 implementing Directive 2011/83/EU). The withdrawal period ends 14 days after the day the contract is concluded.

To withdraw, send us a clear statement, for example by email to support@portfowhisper.com. You can use the model withdrawal form, but you do not have to. It is enough to send your statement before the 14 days end.

Pro starts immediately after payment, at your express request. If you withdraw, we refund the payment within 14 days of receiving your withdrawal, minus an amount proportional to the days of Pro you used until you told us you were withdrawing. We refund to the card you paid with, at no cost to you.

[TODO: lawyer to confirm the wording and whether the checkout needs an explicit consent checkbox for immediate start.]

9. Your licence to use the alerts

We grant you a personal, non-exclusive, non-transferable licence to read and use the alerts for your own information while your account is active. You may not copy, republish, resell, forward in bulk or redistribute alerts or reports, in particular not as part of another service, channel, group or product. Sharing an occasional alert with a friend is fine. The service, its texts, software and name remain ours.

10. Fair use

You must not:

11. Availability and changes to the service

We aim to run the service continuously but cannot guarantee that it is always available or that every relevant event produces an alert. We may change, add or remove features, data sources and tickers, as long as Pro keeps its essential features for the period you have paid. If we stop the service entirely, we tell you in the bot at least 30 days in advance and refund the unused part of any prepaid period.

12. Suspension and termination

By you. You can stop using the service at any time: send /pause to stop alerts, /cancel to stop Pro renewal, and write to support@portfowhisper.com if you want your account deleted.

By us. We may suspend or close an account that seriously or repeatedly breaks these terms, or when the law requires it. Unless the situation is urgent or we are not allowed to, we tell you first and give you a chance to respond. If we close a paid account without fault on your part, we refund the unused part of the period.

13. Warranties and liability

For everyone, to the extent permitted by law: the service is provided "as is" and "as available". We do not warrant that alerts are complete, accurate, timely or uninterrupted. We are not liable for trading or investment losses, lost profits or indirect damages arising from your use of the service. Our total liability to you is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

For consumers in the EU/EEA, this applies instead where it gives you more protection: you keep your statutory rights for digital services that do not conform to the contract (Romanian Government Emergency Ordinance 141/2021 implementing Directive (EU) 2019/770). Nothing in these terms limits our liability for damage caused intentionally or through gross negligence, for injury to life, body or health, or any other liability that cannot be limited by law (Romanian Civil Code, art. 1355).

Some jurisdictions do not allow certain warranty exclusions or liability limits. Where that is the case, they apply to you only to the extent permitted.

14. Users outside the EU, including the United States

15. Changes to these terms

We may change these terms for valid reasons, such as new features, changes in law or in the services we depend on. We tell you in the bot at least 30 days before a change that is not in your favour takes effect. If you do not agree, you can cancel before then; a prepaid period continues under the old terms until it ends.

16. Governing law and disputes

These terms are governed by Romanian law. If you are a consumer, this choice does not deprive you of the protection of the mandatory rules of the country where you live.

Please contact us first at support@portfowhisper.com; most problems can be solved quickly. Consumers in the EU/EEA can bring a claim before the courts of the place where they live. Consumers can also use alternative dispute resolution through the Romanian consumer protection authority (ANPC – SAL). Other disputes are decided by the competent courts of [TODO: city of the registered office], Romania.

17. Other provisions