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Terms of Use

Welcome to FROMFOLIO Inc. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our services, you agree to comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue the use of our services.

Definitions

"Company", "Fromfolio", "we", "us" or "our" means FROMFOLIO Inc., a Delaware corporation with its principal place of business in the United States, which, for the purposes of our Privacy Policy, determines how your data is used as described therein.

"Services" means all products, tools, content, and functionalities provided by FROMFOLIO Inc. through our Website or by other means, including our AI-Driven Hiring System and the Marketplace

"Marketplace" means the online marketplace operated by FROMFOLIO Inc. where Users and third-party providers can list, offer, discover, purchase, or otherwise transact for mentorship, professional services, or other offerings made available through the Services.

"AI-Driven Hiring System" means our proprietary AI-based systems and models designed to evaluate User portfolios and related signals in order to assess Users' skills and match them with suitable companies or opportunities.

"Website" means the official site of FROMFOLIO Inc., accessible at https://fromfolio.com/.

"User" or "you" means any individual accessing or using our Services.

"Third-Party Services" means external platforms or services integrated with or linked to our Website.

1. Acceptance of Terms

1.1. Legal Agreement

By accessing or using our Website or Services, you confirm that you have read, understood, and agree to be legally bound by these Terms.

1.2. Authorized Use

You agree to use the Website and Services solely for lawful purposes and in compliance with these Terms.

2. Your Agreement with Fromfolio

2.1. Choice of Law and Contracting Entity

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict of laws provisions.

If you are located in the European Union ("EU"), the European Economic Area ("EEA"), the United Kingdom ("UK") or another country with mandatory consumer protection or data protection rules, those mandatory rules remain unaffected and will apply in addition to these Terms. In particular, nothing in these Terms limits your rights under applicable EU/EEA or UK consumer protection law, including (where applicable) your right to bring proceedings in the courts of your country of habitual residence.

Your contractual relationship is with FROMFOLIO Inc. Fromfolio reserves the right to initiate legal proceedings for violations of these Terms.

2.2. Data Protection Contact and EU/UK Representative

For the purposes of data protection laws (including the General Data Protection Regulation ("GDPR") and the UK GDPR), FROMFOLIO Inc. is generally the data controller of the personal data we collect through the Services, except where we act as a data processor on behalf of an employer or other business customer as described in Section 4.3.

If you have any questions about how we process your personal data or wish to exercise your data protection rights, you can contact us using the contact details set out in our Privacy Policy, including our main contact email and postal address (see Sections 3.1-3.3 of the Privacy Policy).

To the extent required by Article 27 GDPR/UK GDPR, we have appointed a representative in the EU/EEA and, where applicable, the UK. The up-to-date contact details of our EU/EEA and (if different) UK representative are also set out in Sections 3.2 and 3.3 of our Privacy Policy.

2.3. Product and Service-Specific Additional Terms

Fromfolio's Services are licensed, not sold, and may be subject to additional terms, conditions and policies. If there is a conflict between these Terms and any service-specific terms, the service-specific terms will prevail to the extent of the conflict.

We may update these Terms and any service-specific terms from time to time, for example to reflect changes in the law, improvements to our Services or new features. Where changes are material and affect your rights, we will provide you with appropriate notice in advance, as required by applicable law. Your continued use of the Services after the effective date of the updated Terms will constitute your acceptance of the changes.

3. Use of Services

3.1. Permissible Use

Users are granted a limited, non-exclusive permission to use the Website and Services for personal or professional use only.

3.2. Prohibited Activities

You shall not:

  • Modify, disassemble, reverse engineer, or create derivative works of any content or functionality on the Website.
  • Use the Website for unlawful activities or infringe upon third-party rights.

4. Privacy

4.1. Privacy Policy

Fromfolio outlines how personal data is collected, used, and shared in its Privacy Policy. Users have the right to manage their privacy preferences.

4.2. Access to Your Content

You retain ownership of your content, including your portfolio and any other materials you upload or submit through the Services. Fromfolio may access, use, and process your content to operate, provide, maintain, secure, and improve the Services.

This specifically includes using your portfolio and related usage data to develop, train, and improve our AI-Driven Hiring System, which exists solely for the purpose of evaluating Users' skills and presenting suitable designers to companies and other partners.

Fromfolio does not use Users' content to train general-purpose image generation models or other AI tools that are unrelated to assessing Users' abilities and matching them with opportunities.

Any access to and use of your content will be limited and carried out in compliance with applicable law. Illegal or infringing content may be removed and/or access to such content may be disabled.

4.3. Data Protection, Roles and Legal Bases (GDPR/UK GDPR)

In compliance with laws such as the GDPR in the European Union and the UK GDPR in the United Kingdom, Fromfolio may require data protection agreements for Users and business customers in certain regions.

In most cases, Fromfolio acts as an independent data controller in respect of personal data we collect through the Services (for example, when Users create accounts, build portfolios, or use our AI-Driven Hiring System and Marketplace). In some situations, such as when we process personal data solely on behalf of employers or other business customers, we may act as a data processor, in which case our obligations and those of the relevant controller will be further set out in a separate data processing agreement.

Legal bases for processing (EU/EEA and UK Users)

We rely on various lawful bases under the GDPR/UK GDPR, including:

  1. performance of a contract with you (including providing the Services and the Marketplace);
  2. legitimate interests (including operating, maintaining, and improving our AI-Driven Hiring System and Marketplace, preventing fraud and abuse, ensuring network and information security, and enhancing User experience); and
  3. your consent, where required (for example, for certain marketing communications or optional features).

When we rely on consent, we will seek freely given, specific, informed and unambiguous consent, avoid pre-ticked boxes or bundled consent, and you may withdraw your consent at any time without detriment, which will not affect the lawfulness of processing before withdrawal.

Where we rely on legitimate interests, we balance those interests against your rights and freedoms and, where appropriate, carry out and document a legitimate interest assessment (LIA), particularly in the context of recruitment-related processing and the operation of our AI-Driven Hiring System. You may object at any time, on grounds relating to your particular situation, to processing of your personal data based on our legitimate interests (including profiling), and we will no longer process your personal data unless we demonstrate compelling legitimate grounds which override your interests, rights and freedoms or the processing is needed for legal claims.

Where your personal data is processed for direct marketing purposes, you have the right to object at any time to such processing, including related profiling.

International data transfers

Where personal data is transferred outside the EU/EEA or the UK (for example, to the United States), we will ensure an adequate level of protection by implementing appropriate safeguards such as standard contractual clauses or other transfer mechanisms permitted under applicable law. Further details are provided in our Privacy Policy and, where applicable, in data processing agreements with our business customers.

Your GDPR/UK GDPR rights

If you are located in the EU/EEA or UK, you have the right to access, rectify, erase your personal data, restrict or object to processing, request data portability, withdraw consent at any time, and lodge a complaint with your supervisory authority. You may also have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning you, as further described in Section 4.2 and our Privacy Policy.

Requests to exercise these rights can be submitted using the contact methods set out in our Privacy Policy. We will respond without undue delay and in any event within the time limits required by applicable law (typically within one month).

4.4. Intellectual Property Rights

  • All content and materials that are provided by Fromfolio as part of the Services, including but not limited to the Website design, text created by Fromfolio, graphics, logos, trademarks, trade names, software, and underlying technology, are the exclusive property of FROMFOLIO Inc. or its licensors. Unauthorized use or reproduction is strictly prohibited.
  • Any content, including portfolios, designs, text, images, files, feedback, or other materials that you upload, submit, or otherwise make available through the Services ("User Content") remains your property, subject to the rights you grant to Fromfolio below.
  • By submitting User Content through the Services, you grant FROMFOLIO Inc. a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify, adapt, translate, create derivative works (for formatting and technical purposes only), display, and distribute such User Content as necessary to: (i) operate, maintain, and provide the Services and the Marketplace; (ii) develop, train, and improve our AI-Driven Hiring System for the purpose of assessing Users' skills and matching them with companies and opportunities; and (iii) comply with legal obligations and enforce these Terms.
  • Fromfolio does not use User Content to train or improve general-purpose image generation models or other AI tools unrelated to evaluating Users' abilities and presenting suitable designers to companies.
  • Any submissions or suggestions (including feedback or ideas to improve the Services) provided by Users may be used by FROMFOLIO Inc., without obligation to provide compensation or credit and you grant Fromfolio a perpetual, irrevocable, worldwide license to use such feedback for any lawful purpose.

4.5. Legal Bases for Processing (EU/EEA Users)

Where the GDPR or equivalent data protection laws apply, we will only process your personal data where we have a valid legal basis to do so. Depending on the context, we may rely on the following legal bases:

(a) Performance of a contract - where processing is necessary to create and manage your account, to operate your portfolio, to provide access to the Marketplace and Mentorship Services, or to match you with relevant opportunities and employers.

(b) Legitimate interests - where we have a legitimate interest that is not overridden by your interests or fundamental rights and freedoms. This includes our legitimate interest in:

  • operating, maintaining and improving the Website, Services and AI-Driven Hiring System;
  • preventing fraud and abuse;
  • ensuring the security of our systems and Users; and
  • promoting our Services to existing Users in a proportionate way.
Before relying on legitimate interests, we carry out a legitimate interest assessment (LIA) and implement appropriate safeguards, including allowing you to object to such processing where required by law.

(c) Consent - where we ask for your freely given, specific, informed and unambiguous consent (for example, for certain optional marketing communications, cookies that are not strictly necessary, or specific types of profiling). You may withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

(d) Compliance with legal obligations - where processing is necessary for us to comply with our legal and regulatory obligations (for example, tax or accounting rules, or responding to lawful requests from public authorities).

(e) Protection of vital interests or public interest - in rare cases, where processing is necessary to protect someone's vital interests or for reasons of important public interest as recognized under applicable law.

Where we rely on legitimate interests or automated decision-making, you have the right to object to the processing of your personal data in certain circumstances, as described in these Terms and in our Privacy Policy.

4.6. Special Categories of Personal Data

We generally do not require you to provide "special categories" of personal data (such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, biometric data for identification, or data concerning your sex life or sexual orientation) in order to use the Services.

In limited cases, and only where allowed by law, we may offer you the option to provide such information (for example, for voluntary diversity and inclusion monitoring, or to enable reasonable accommodation requests). Where we do so, we will only process such data where:

(a) you have given your explicit consent for one or more specified purposes; or

(b) another specific legal ground under applicable law clearly applies (for example, where required by employment or equality laws).

Providing special category data is always voluntary, and your decision not to provide it will not adversely affect your ability to use the core Services. Where we rely on your explicit consent, you may withdraw that consent at any time, and we will stop processing the relevant data (unless another legal ground applies).

We implement additional safeguards for any special category data, including limiting access on a strict "need-to-know" basis, using appropriate technical and organisational measures, and ensuring that such data is not used to unfairly discriminate against any User.

4.7. AI-Driven Hiring System, Automated Decision-Making and Profiling

Our AI-Driven Hiring System analyses portfolios and related signals to help assess Users' skills and to match Users with suitable companies, opportunities and mentors. This may involve a certain level of profiling, meaning automated processing of personal data to evaluate aspects relating to you (for example, your skills, experience, or suitability for particular project types).

Where the GDPR or equivalent laws apply and our processing involves automated decision-making that produces legal effects or similarly significantly affects you, we will ensure that such processing is:

(a) authorised by law;

(b) necessary for entering into, or performing, a contract with you; or

(c) based on your explicit consent, which you may withdraw at any time.

In these cases, we will implement safeguards required by law, including:

  • providing you with meaningful information about the logic involved in the automated processing, as well as the significance and the envisaged consequences for you;
  • ensuring meaningful human review of important decisions, rather than relying solely on automated outputs; and
  • allowing you to obtain human intervention, express your point of view and contest the decision.

Our AI-Driven Hiring System is designed and regularly reviewed with fairness and non-discrimination in mind. We take reasonable steps to monitor and mitigate potential bias, including through data minimisation, access controls, and periodic assessments of AI-generated outcomes in line with applicable law and best practices.

4.8. Data Sources (Including Public and Third-Party Sources)

In addition to the information that you provide directly (for example, when you create an account, build your portfolio or book a mentorship), we may, where permitted by law, obtain personal data about you from:

(a) Publicly available sources, such as professional networking sites (e.g. LinkedIn), online portfolios or websites where you have chosen to publish your work;

(b) Employers or business partners who invite you to the platform or share candidate data with us in the context of recruitment or collaboration; and

(c) Service providers and vendors who supply us with tools for analytics, fraud prevention, payments or communication.

When we collect data from third parties, we ensure that they are legally permitted to share that data with us and that you have been provided with appropriate information, where required, at the time of collection. We will inform you about the categories of personal data and the sources used, to the extent required by applicable law, normally at or shortly after first contact.

4.9. Data Retention for Recruitment and Marketplace Activities

We retain personal data only for as long as necessary for the purposes described in these Terms and in our Privacy Policy (including the specific retention periods set out in Section 10 of the Privacy Policy), or as required by law. In particular:

{'(a)'} Candidate and User accounts - we generally retain your account information and portfolio for as long as your account is active. If your account is inactive for an extended period, we may anonymise or delete your data after a defined retention period, subject to any legal obligations to retain it.

{'(b)'} Recruitment and matching data - information related to specific recruitment processes, opportunities or matches (for example, application details, evaluation notes or interview records) is typically retained for no longer than is necessary to complete the process and for a reasonable period thereafter to manage queries, potential legal claims and to improve the AI-Driven Hiring System, in accordance with data minimisation and storage limitation principles.

{'(c)'} Marketplace and transaction records - information relating to mentorship sessions, bookings, payments and disputes is retained for the duration necessary to perform the contract and to comply with financial, tax and regulatory obligations.

Where possible, we will anonymise or aggregate personal data so that it can no longer be linked to an identified or identifiable individual, and we may use such anonymised data for analytics, product improvement and statistical purposes without further notice to you.

4.10. Cookies and Similar Technologies

We use cookies and similar technologies (such as pixels and local storage) to operate and secure the Website, to remember your preferences, to analyse how Users interact with the Services, and, where permitted, to personalise content and marketing.

For Users in the EU/EEA and other jurisdictions where required by law, we will obtain your consent before placing non-essential cookies (for example, analytics or advertising cookies) on your device. You can manage your cookie preferences at any time through the tools provided on the Website or by adjusting your browser settings.

More detailed information about the types of cookies we use, the purposes for which we use them, and how you can control them is set out in our Cookie Policy, which forms part of these Terms by reference.

4.11. Data Protection Contact, DPO and EU/EEA Representative

If you have any questions about how we process your personal data, or if you wish to exercise any of your rights, you can contact us at:

Protection Contact: support@fromfolio.com

Where required by law, we may appoint a Data Protection Officer (DPO) and/or an EU/EEA representative. Their up-to-date contact details will be made available in our Privacy Policy or on our Website. You are also entitled to lodge a complaint with your local data protection supervisory authority if you believe that your data protection rights have been violated.

4.12. AI Fairness and Non-Discrimination

Fromfolio is committed to designing and operating its AI-Driven Hiring System in a way that is fair, transparent and respectful of Users' fundamental rights. We do not intend for our AI systems to discriminate against any individual or group, and we take reasonable steps to prevent and mitigate unfair bias.

In particular:

(a) No use of protected characteristics for adverse decisions - We do not intentionally use information revealing legally protected characteristics (such as race or ethnic origin, religion or belief, political opinions, trade union membership, health or disability status, sexual orientation, or similar sensitive attributes) as factors in making adverse decisions about your access to opportunities, except where strictly required or expressly permitted by applicable law (for example, in the context of lawful diversity monitoring or reasonable accommodation).

(b) Fairness by design and ongoing monitoring - We design our AI-Driven Hiring System using data minimisation and fairness principles and we regularly review, test and update our models and processes with the aim of reducing inappropriate bias and improving accuracy and inclusiveness over time. This may include the use of human review, quality checks, and periodic assessments of outcomes to identify and address patterns that could disproportionately affect certain groups.

(c) Human oversight and meaningful review - We seek to ensure that important decisions that may significantly affect you (for example, access to certain opportunities) are not based solely on automated processing without appropriate human involvement, to the extent required by applicable law. Where automated tools are used, they are intended to support, not replace, human judgement.

(d) Your rights and how to raise concerns - If you believe that a decision or recommendation generated by our AI-Driven Hiring System is unfair, incorrect or discriminatory, you may contact us using the details provided in these Terms or in our Privacy Policy. In line with applicable law, you may request human intervention, express your point of view, obtain an explanation of the decision, and contest it. We will review your concerns in good faith and take appropriate steps where we identify issues with fairness, bias or discrimination.

(e) Compliance with applicable equality and data protection laws - Our use of AI in the context of recruitment, matching and mentoring is intended to comply with applicable data protection, labour and equality laws, including rules on automated decision-making and profiling where they apply. Nothing in these Terms is intended to limit any rights or remedies you may have under such mandatory laws.

5. Use of Services and Software

5.1. License

Users are granted a personal, limited, non-transferable license to use Fromfolio's platform, which expires upon cessation of use.

5.2. Ownership of Content

All User Content remains the property of the respective Users, subject to the license granted to FROMFOLIO Inc. in these Terms. FROMFOLIO Inc. does not claim ownership of User-generated content.

However, Fromfolio may access and process User Content, including portfolio data, as necessary to provide the Services, operate the Marketplace, and to develop, train, and improve our AI-Driven Hiring System, in each case in accordance with these Terms and our Privacy Policy.

5.3. Content Sharing

Users can share content on Fromfolio, but they are responsible for controlling visibility and ensuring they have permission for sharing.

6. User Accounts

As a User of this Website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion, at any time, with or without notice, for any reason including breach of these Terms. Upon termination, your licence to use the Services ends.

7. Age Restriction

To register for and use the Services, you must be at least sixteen (16) years of age.

If you are under sixteen (16), you may only create an account and use the Services with the consent or authorization of a parent or legal guardian who holds parental responsibility for you. Fromfolio reserves the right to take reasonable measures, consistent with available technology, to verify that such consent has been provided by the person holding parental responsibility over the child.

In accordance with applicable data protection laws, certain EU Member States may set a lower minimum age for valid consent in the context of information society services; however, such age shall not be below thirteen (13) years.

By registering, you represent and warrant that you meet the applicable age requirement and that all information you provide during registration is accurate and complete.

8. User Obligations

Users must avoid activities that disrupt the platform and should treat others respectfully. Sharing offensive, obscene, racist, or illegal content is prohibited.

Users agree not to use the Services for any unlawful, fraudulent, or harmful purpose. Prohibited actions include (but are not limited to):

  • Violating any applicable law, including data protection laws such as the GDPR;
  • Attempting to gain unauthorized access to the Services, user accounts, or related networks;
  • Uploading, transmitting, or distributing malware, viruses, or other malicious code;
  • Infringing or violating the intellectual property or privacy rights of others;
  • Using the Services to harass, threaten, or defame any individual or entity;
  • Interfering with or disrupting the normal operation of the Services or servers.

Third-Party Links and Services

The Website may contain links to external websites or third-party services. FROMFOLIO Inc. is not responsible for the content, accuracy, or practices of these external platforms. Access to such services is at your own risk.

Modifications and Updates

FROMFOLIO Inc. reserves the right to revise these Terms at any time. Changes will be posted on the Website, and your continued use constitutes acceptance of the revised Terms.

9. Fees and Payments

FROMFOLIO Inc. charges fees for access to mentorship services provided through the platform (the "Mentorship Services" and collectively, the "Marketplace Services").

When a User purchases a mentorship session or package, the corresponding payment is collected and held in escrow by Fromfolio for a period of fourteen (14) days following completion of the session or delivery of the relevant service, unless otherwise stated on the platform.

If no dispute or complaint is submitted within that 14-day period, the funds will be released and transferred to the mentor's or provider's designated account.

In the event that a user is dissatisfied with the Mentorship Services or other Marketplace Services received, they may submit a refund request within the 14-day holding period. Refund requests must include a clear explanation of the issue and, where possible, supporting evidence (e.g., communication records or proof of non-performance).

Fromfolio reserves the right to review all refund requests on a case-by-case basis and to determine, at its sole discretion, whether a partial or full refund is appropriate.

Refunds, if approved, will be processed to the original payment method used.

Fromfolio may also temporarily withhold or reverse payments to mentors or other providers if a dispute is under investigation or if fraudulent activity is suspected.

All payments and refunds are subject to applicable transaction fees, taxes, and payment processor terms.

10. Account Security and Termination

Accounts may be suspended or terminated for policy violations. Users have the right to re-register, but Fromfolio can terminate accounts without prior notice.

Indemnification

You agree to indemnify FROMFOLIO Inc. and its affiliates and hold FROMFOLIO Inc. harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Limitation on Liability

FROMFOLIO Inc. is not liable for any damages that may occur to you as a result of your misuse of our website. FROMFOLIO Inc. reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between FROMFOLIO Inc. and the User, and this supersedes and replaces all prior agreements regarding the use of this website.

11. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. For information about who is responsible for your data, how to contact us, and how to reach our EU/EEA and UK representative, please see Sections 3.1-3.3 of the Privacy Policy.

By using the Services, you consent to our data practices as described in the Privacy Policy and acknowledge that it forms part of these Terms.

13. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.

Fromfolio disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be error-free or uninterrupted.

14. Dispute Resolution, Class Action Waiver, Arbitration Agreement

Users should contact Fromfolio for dispute resolution. If unresolved, disputes may be settled via small claims court or arbitration. Class actions are prohibited.

14.1. Arbitration and Small Claims

Disputes will be resolved through small claims court or arbitration. Both parties must attempt resolution within 30 days before arbitration begins.

14.2. Class Action Waiver

Nothing in this Section 14 is intended to limit any rights you may have under the mandatory laws of your country of residence, and to the extent such laws grant you non-waivable rights to bring or participate in certain types of proceedings, this Section shall apply only to the maximum extent permitted by those laws.

15. Cancellation and Termination

Users can cancel accounts anytime, but fees will not be refunded. Accounts violating Terms may be terminated by Fromfolio.

16. Data Security and Updates

Fromfolio implements appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the Services. Such measures may include, among others, access controls, encryption in transit and at rest (where appropriate), secure development practices, regular security testing, staff training on data protection, and documented procedures for managing and responding to personal data breaches.

Where required by the GDPR or other applicable laws, we will notify the relevant supervisory authorities and, where appropriate, affected Users of personal data breaches within the time limits and in the manner prescribed by law.

We may from time to time update the Services, our security measures and our data-processing practices (for example, to address new threats or comply with legal changes). Where such updates materially affect your rights or how your personal data is processed, we will communicate these changes via the Website or by email, in accordance with applicable law.

Fromfolio may notify Users of updates and modify or store content as needed for secure service.

17. Product and Service-Specific Additional Terms

Our Services may be subject to additional terms, conditions or policies (each a "Service-Specific Term"). In the event of a conflict between these Terms and any Service-Specific Term, the Service-Specific Term shall prevail. We will notify Users of any updates to such Service-Specific Terms.