Terms of Service

Nimbus Portfolio - Effective Date: January 1, 2025

Agreement to Terms

Welcome to Nimbus Portfolio ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our real estate investment intelligence platform and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service. We reserve the right to modify these Terms at any time, and your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

Description of Service

Nimbus Portfolio provides a comprehensive real estate investment intelligence platform that includes:

• Portfolio management and tracking tools
• AI-powered market intelligence and analytics
• Property valuation and performance metrics
• Financial data integration and analysis
• Scenario planning and investment modeling
• Third-party data integrations (Plaid, Zillow, etc.)

User Responsibilities and Acceptable Use

Account Responsibilities

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use only one account per person or entity
• Keep your contact information current and accurate

Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Use the Service for any fraudulent or deceptive purpose
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Share your account credentials with others

Data Collection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

We collect and process data including but not limited to:

• Account information (name, email, contact details)
• Financial data (with your explicit consent via Plaid)
• Property and investment data you input
• Usage analytics and performance metrics
• Communication records and support interactions

Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by Nimbus Portfolio and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Rights

You retain ownership of any data you input into our Service. By using our Service, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your data solely for the purpose of providing the Service to you.

Third-Party Content

Our Service may include content from third-party sources (such as market data, property information, etc.). Such content is owned by the respective third parties and is subject to their terms and conditions.

Payment Terms and Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change our pricing with 30 days advance notice
• You are responsible for all applicable taxes
• Payment failures may result in service suspension
• Free trial periods are subject to these same terms

Service Availability and Modifications

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We may perform scheduled maintenance with reasonable notice
• We reserve the right to modify or discontinue features at any time
• We may suspend or terminate accounts that violate these Terms
• Force majeure events may affect service availability

Limitation of Liability and Disclaimers

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMBUS PORTFOLIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

Investment Disclaimer

Our Service provides tools and information for real estate investment analysis but does not constitute financial, legal, or investment advice. All investment decisions are your sole responsibility. Past performance does not guarantee future results.

Termination

• You may terminate your account at any time through your account settings
• We may terminate or suspend your account for violations of these Terms
• Upon termination, your right to use the Service ceases immediately
• We may retain your data for a reasonable period for legal and business purposes
• Provisions that by their nature should survive termination will remain in effect

Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

Dispute Resolution Process

• First, contact us at help@nimbusportfolio.com to attempt informal resolution
• If informal resolution fails, disputes will be resolved through binding arbitration
• Arbitration will be conducted by the American Arbitration Association (AAA)
• Class action waivers apply to the maximum extent permitted by law
• You may opt out of arbitration within 30 days of account creation

Contact Information

For questions about these Terms of Service, please contact us:

Email: help@nimbusportfolio.com

These Terms of Service are effective as of January 1, 2025, and replace all previous versions.
Last Updated: January 1, 2025 | Version: 1.0