Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Estuary Folio. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these conditions, you must not use our website or services. These terms supplement our Terms of Service and Privacy Policy, which should be read together as a complete agreement.

We have prepared these terms to establish clear expectations and protect the interests of both parties. While we strive for clarity, legal documents necessarily include technical language. If you have questions about any provision, we encourage you to seek clarification before proceeding.

Your Legal Responsibilities

1. Accuracy of Information

You must provide accurate, complete, and current information when engaging our services or using our website. This includes business details, financial records, contact information, and any other data relevant to the services we provide. Knowingly providing false information may result in immediate service termination and could expose you to legal liability.

2. Compliance with Laws

You are responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes tax laws, financial reporting requirements, data protection regulations, and any sector-specific compliance obligations.

While we provide professional accounting services, you remain ultimately responsible for the legal and regulatory compliance of your business operations.

3. Prohibited Activities

You must not use our services to facilitate illegal activities, including but not limited to money laundering, tax evasion, fraud, or violation of sanctions. You must not misrepresent financial information or use our services to create misleading financial statements. You must not engage in any activity that could damage our reputation or interfere with our ability to serve other clients.

4. Cooperation Requirements

Effective service delivery requires your cooperation. You agree to respond to reasonable requests for information or documentation within appropriate timeframes, provide access to necessary financial records and systems, designate authorized representatives with appropriate knowledge and authority, and communicate material changes in your business circumstances that might affect our services.

5. Confidentiality Obligations

You must maintain the confidentiality of any proprietary information, methodologies, or systems we share with you in the course of providing services. This obligation survives termination of the service relationship.

6. Age Restrictions

Our services are intended for businesses and individuals of legal contracting age in their jurisdiction. If you are entering into this agreement on behalf of a business entity, you represent that you have the authority to bind that entity to these terms.

Liability Limitations and Disclaimers

7. Professional Standards

We perform our services in accordance with professional accounting standards and exercise reasonable care and skill. However, we make no guarantee of specific outcomes or results from our services.

Financial success depends on numerous factors beyond our control, including market conditions, business decisions, and economic circumstances. Our services provide tools and insights to support better financial management, not guarantees of particular business outcomes.

8. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that our services will be uninterrupted, error-free, or completely secure, though we take reasonable measures to ensure quality and reliability.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Estuary Folio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising from or related to our services.

Our total liability for any claims arising from our services shall not exceed the fees paid by you for services during the 12 months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.

10. Exceptions to Limitations

The limitations and exclusions in this section do not apply to liability that cannot be excluded or limited under applicable law, such as liability for gross negligence, willful misconduct, fraud, or personal injury.

11. Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, internet failures, or other force majeure events.

Indemnification

12. Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless Estuary Folio, our employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these terms, your violation of applicable laws, your misuse of our services, or any claims by third parties based on information you provided to us.

This indemnification obligation survives termination of your relationship with us. We will notify you of any claim subject to indemnification and cooperate with you in defending such claims, though we reserve the right to participate in our defense at our own expense.

Legal Framework and Dispute Resolution

13. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. This choice of law does not affect your statutory rights as a consumer under the laws of your country of residence.

14. Jurisdiction

Any disputes arising from or related to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal. However, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

15. Dispute Resolution Process

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiation. Either party may initiate this process by providing written notice of the dispute to the other party.

If negotiation does not resolve the dispute within 30 days, either party may pursue other available remedies. We encourage mediation as a cost-effective alternative to litigation for many disputes.

16. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms otherwise remain in full force and effect.

17. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms does not constitute a waiver of that right or provision.

18. Entire Agreement

These Terms and Conditions, together with our Terms of Service and Privacy Policy, constitute the entire agreement between you and Estuary Folio regarding the use of our website and services, superseding any prior agreements or understandings.

19. Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets, provided such assignment does not materially diminish your rights.

20. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of material changes by posting the updated terms on our website with a new "last updated" date and, for existing clients, by email notification.

Your continued use of our services after such modifications constitutes acceptance of the updated terms. If you do not agree with the modifications, you should discontinue use of our services.

Questions About These Terms

If you have questions or concerns about these Terms and Conditions, please contact us using the information provided at the top of this page. We're committed to addressing your concerns and clarifying any provisions that may be unclear.

For legal inquiries or formal notices, please direct correspondence to our registered address in Lisbon, Portugal, or use the email address provided above with "Legal Notice" in the subject line.

Contact Information