Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Folia wedding planning platform (the “Services”), operated by Folia Software, Inc. (formerly Goldpan LLC) (“Folia,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services. Please make sure to read our Privacy Policy and these Terms carefully before accessing the Services.

IMPORTANT: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. AS EXPLAINED IN SECTION 12, THIS AFFECTS HOW WE RESOLVE DISPUTES AND IMPACTS YOUR RIGHTS, INCLUDING FILING A LAWSUIT AGAINST FOLIA IN COURT AND PARTICIPATING IN CLASS ACTIONS. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THE REQUIREMENT TO ARBITRATE DISPUTES.

1. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement. While geographic restrictions are not enforced at signup, the platform is primarily used by individuals in the US market, and is currently available to users in the United States, Canada, EU and UK. By using the Services, you agree to comply with laws of the appropriate jurisdiction.

2. Description of Services

Folia provides a web-based wedding planning software platform that enables users to organize wedding-related information, including guest lists, vendors, budgets, and event details. Folia is a tool only and does not provide wedding planning, legal, financial, or professional advice. The Services may include links or references to third-party products, services, or websites through affiliate or commercial partner relationships. Folia may receive compensation - such as a commission or revenue share - if you click on an affiliate link and make a purchase. Any such affiliate relationships are disclosed in accordance with applicable law, including FTC guidelines. Affiliate listings are not endorsements or professional recommendations, and Folia’s platform features and tools operate independently of any commercial partner relationships.

3. User Accounts

You are responsible for maintaining the confidentiality and security of your account credentials. You agree not to share your login credentials with any third party who is not the named account holder (“Registered User”). You are solely responsible for all activities that occur under your account, whether or not authorized by you. If you believe that your account has been compromised or accessed without authorization, you must notify us immediately. Folia is not responsible for any loss or damage arising from your failure to safeguard your account credentials or from unauthorized sharing of your account.

4. User Content & Intellectual Property Rights

You may choose to submit or upload content, including guest information, vendor details, and event data (“User Content”). You retain ownership of your User Content. Except as expressly specified in these Terms, neither party grants the other any rights or licenses to its intellectual property under these Terms.

From You to Folia: You grant Folia a limited, non-exclusive license to use your User Content to operate and provide the Services. For details about how Folia might use your User Content, please see our Privacy Policy. Folia is free to use any comments, information, ideas, concepts, reviews, or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires, worldwide and in perpetuity without further compensation or acknowledgement to you for any purpose including, modifying or improving the Services. You further agree not to enforce any moral rights in and to the Feedback, to the extent permitted by applicable law.

From Folia to You. The Services are owned, operated, and provided by Folia and our affiliates, licensors, distributors, and service providers (collectively “Providers”). Folia and its Providers retain all of our respective rights, title, and interest, including intellectual property rights in and to the Services, any content and data compilations (subject to these Terms and our Privacy Policy), logos, associated, deliverables and related source code, software, technology, templates, formats and dashboards, as well as any modifications or improvements, including any modifications or improvements made as a result of feedback that a user may choose to provide (altogether “Folia IP”). For avoidance of doubt, other than the right to access and permission to use expressly granted in our Terms, Folia does not grant you any right, title, or interest in or to our Services and/or Folia IP.

5. Subscriptions, Fees & Billing

A. Fees and billing

You may be required to pay us fees to access or use the Services or certain features of the Services. You are responsible for paying any applicable fees listed for the Services on Folia’s Pricing Page unless otherwise communicated to you by Folia in writing. You may cancel the Services at any time.

B. Payment Information & Charges

If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.

Except as expressly provided in these Terms or where required by law, all payments are non-refundable. You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us. Please check your order carefully before confirming it.

C. Available Content & Features

Folia may change the nature, content and features of the Services provided to you, including under any free or paid plans, from time to time. Folia does not guarantee that any particular content or feature, whether free or paid subscription, will always be available through the Services.

D. Fee Changes/Increases

We may increase fees for our Services. If we increase our fees or otherwise charge additional fees in connection with our Services, you will have an opportunity to review and accept such fee changes before you are charged. Additional fees may apply for added Services or features of the Services that we may make available. If you choose not to accept any such fee increases or additional fees, you acknowledge and agree that Folia may discontinue your access to the Services or features. For Subscription fees, if you do not cancel as described above upon receiving notice of fee increases or additional fees, you agree to pay such fees.

E. Subscriptions

For full access to Folia’s Services and other subscription services we may make available, you must sign-up for a subscription (“Subscription”). When you sign up for a Subscription, you agree to the following Subscription-specific terms:

i. Subscription content, features, and services. The content, features, and other services provided as part of your Subscription, and the duration of your Subscription, will be described in the order process. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available as part of your Subscription.

ii. Subscription term and automatic renewal. If you sign up for a Subscription, Folia’s payment processor, Stripe, will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. If your Subscription has a minimum term (the “Initial Term”), you will be informed during the order process. Your Subscription will last for the Initial Term and will automatically renew. Your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges at the same interval (each such additional term, a “Renewal Term”) until you cancel.

iii. Subscription cancellation. You may cancel your Subscription for any reason at any time, unless otherwise specified in writing during the order process, via your account - or by notifying us at support@foliaplanner.com. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. Upon cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees.

6. Responsibility for Third-Party Data

You may choose to submit or upload User Content that contains personal information about third parties, including wedding guests. You represent and warrant the following:

You have all necessary rights, permissions, and consents to provide such information
You provided proper prior notice where required
Your use of the Services complies with applicable privacy laws

You acknowledge and agree that Folia is not responsible for your collection or use of any third-party data. Folia is also not responsible for verifying whether you have obtained all necessary rights, permissions and consents.

7. Acceptable Use

You agree not to do any of the following:

Violate any applicable law including but not limited to privacy regulations
Upload unlawful or harmful content, or any personal information without proper consent if required
Interfere with the operation or security of the Services including any modification or reverse engineering
Attempt to access other users’ data

8. Third-Party Services

The Services rely on third-party providers (e.g., hosting, payments, analytics). Upon becoming aware of any impacts to your use of the Services resulting from Third-Party Providers, Folia will provide notice and where applicable, work closely with the Third-Party Providers to resolve promptly. For more information about the Third-Party Providers that Folia uses to provide the Services, please visit our Privacy Policy. Folia is not responsible for any of the following:

Third-party service outages
Failures or delays caused by third parties
Data handling practices of third parties

9. Availability and Service Changes

Folia has emergency protections in place, such as database backups, however, much like any technology, we cannot guarantee that the Services will be uninterrupted or error-free. We may modify or discontinue features, perform system maintenance and/or experience downtime. Folia will provide prior notice to the extent any planned actions may impact your use of the Services. Upon becoming aware of any unplanned and/or unintended impacts to your use of the Services, Folia will provide notice and take steps to resolve the impact promptly.

10. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

A. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FOLIA AND OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “FOLIA PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE FOLIA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY FOLIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.

B. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE FOLIA PARTIES SHALL NOT BE LIABLE FOR ANY:

SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOSS OF BUSINESS PROFITS, REVENUE, OR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY;
UNAUTHORIZED ACCESS TO, LOSS OF, DELETION OF, OR ALTERATION OF SYSTEM DATA, USER CONTENT, OR USER PROVIDED DATA;
COSTS RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES;
TERMINATION, SUSPENSION, DISCONTINUANCE, OR DISCONNECTION OF THE SERVICES;
FAILURE OF YOUR INTERNET SERVICES, DOWNTIME, OR MAINTENANCE;
OR OUR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES.

(i) Total Aggregate Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE FOLIA PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, USER CONTENT & USER PROVIDED DATA, THE ACTIONS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE, OR (ii) $100.

(ii) Essential Terms & Severability. THE FOREGOING LIMITATIONS AND DISCLAIMERS ARE ESSENTIAL TO THESE TERMS, AND EACH IS SEVERABLE FROM & INDEPENDENT OF ALL OTHER PROVISIONS IN THESE TERMS, AND SHALL SURVIVE TERMINATION OF THESE TERMS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF DAMAGES OR LIMITATIONS ON LIABILITY, THE ABOVE ONLY APPLY TO YOU TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.

C. INDEMNITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE FOLIA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, PROCEEDINGS, JUDGMENTS, OBLIGATIONS, PENALTIES, DAMAGES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, INCLUDING: (i) ANY REPRESENTATIONS, WARRANTIES AND OBLIGATIONS; (ii) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES; (iii) YOUR USER CONTENT; (iv) YOUR HANDLING OF THIRD-PARTY DATA (E.G., GUEST OR VENDOR DATA); (v) YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; (vi) DISPUTES BETWEEN YOU AND ANY THIRD-PARTIES OR BETWEEN REGISTERED USERS, INCLUDING DISPUTES RELATING TO ACCOUNT OWNERSHIP OR REGISTERED USER ACTIVITY; (vii) AND ANY ACTUAL OR ALLEGED FRAUD, WILLFUL MISCONDUCT, NEGLIGENT ACTS OR OMISSIONS, OR CRIMINAL ACTS COMMITTED BY YOU OR ANYONE USING YOUR ACCOUNT, AND YOUR EMPLOYEES OR AGENTS IF APPLICABLE.

10. Affiliate Commercial Relationships

From time to time, Folia may feature, recommend, or link to third-party products, services, or websites (“Affiliate Listings”) through affiliate or commercial partner arrangements. When you click an Affiliate Listing and make a purchase or take another qualifying action, Folia may receive compensation from the third party, such as a commission or a share of revenue generated by your transaction. We disclose this to you in compliance with applicable law, including guidelines issued by the U.S. Federal Trade Commission (“FTC”). Affiliate Listings will be identified as such within the Services. The following terms apply to Affiliate Listings: (i) Folia does not endorse, guarantee, or make any representation about the quality, accuracy, or suitability of any product or service featured in an Affiliate Listing; (ii) your decision to engage with any Affiliate Listing is entirely voluntary and at your own risk; (iii) any transaction you enter into with a third-party affiliate is solely between you and that third party, and Folia is not a party to such transaction; (iv) Folia’s receipt of affiliate compensation does not influence which planning tools, features, or recommendations are made available to you through the core Services; and (v) Folia is not responsible for any loss, damage, or dissatisfaction arising from your interaction with an affiliate’s products or services. For questions about a specific Affiliate Listing, please contact the relevant third party directly.

11. Termination or Suspension by Folia

Folia may, in its sole discretion, suspend or terminate your access to the Services (including any subscriptions) at any time without notice to you if we believe you have violated these Terms or if we must do so to comply with applicable law. If we terminate your access to the Services due to a violation of these Terms, you will not be entitled to any refund, even if you have a subscription. Any fees and balances that are outstanding as of such expiration or termination will survive and must still be paid by you. In addition, if you have a Subscription, we may terminate the Subscription at any time for any other reason. If we exercise this right and you purchased a subscription, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your subscription after termination. Folia may also terminate your account if you have been inactive for over a year and you do not have a paid account. If we terminate your account due to inactivity, we will provide you with at least 30 days’ prior written notice via the email address associated with your account. Upon termination of these Terms, a Subscription, or your access to the Services, we may, at our option delete any User Content or other data associated with your registered account. For more information, about our data retention practices, please visit our Privacy Policy.

12. Dispute Resolution, Arbitration Agreement, and Jury Trial & Class Action Waivers

If disagreements between us arise, Folia seeks to work together in good faith to resolve the matter amicably and fairly. This includes an informal dispute resolution process and, if we do not reach acceptable solutions, then going to arbitration. This means that an arbitrator, not a judge or jury, will decide the dispute. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Please read this Arbitration Agreement (“AA”) carefully for more information.

A. Covered Disputes

You and Folia agree to resolve any dispute or claim between us that arises out of or relates to these Terms or the Services, regardless of when the claim or dispute arose, even if it was before these Terms or prior versions of these Terms existed, through final and binding arbitration, excluding the exceptions listed in Section 12(B) below (“Dispute”).

B. Exceptions

This AA does not require arbitration of the following types of claims brought by either party: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; (ii) claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Services; and (iii) claims related to enforcement or validity of intellectual property rights, including but not limited to trade dress, domain names, and trade secrets.

C. Opt-Out of Mandatory Arbitration

You may reject this AA and opt out of arbitration by sending an email to support@foliaplanner.com with the subject line “Arbitration Opt-Out” within 30 days of: (i) account creation or (ii) the effective date of this or any updates to this AA. Your opt-out request applies only to you individually and must be sent by you from the email address associated with your Registered User account. Opt-out requests or attempts to opt-out submitted on behalf of another individual are not permitted and shall be considered void. Your notice to opt-out must include your first and last name, your Registered User account contact information (including email address), and a clear statement that you want to opt-out of this Arbitration Agreement. If you choose to opt-out, your opt-out will also apply to all previous and subsequent versions of this AA.

D. Informal Dispute Resolution

Before initiating arbitration, we would like to understand and try to address your concerns without formal legal action. You and Folia agree to try to resolve the Dispute informally. To initiate the informal dispute resolution process, you agree to send a notice via email with the subject line “Notice of Informal Dispute Resolution” (or “IDR Notice”) and include your name and contact information, a clear statement that you are initiating the IDR process, and a brief description of the matter and any demand(s). Likewise, if Folia has a Dispute with you, we will send an email in accordance with the listed requirements, to the email address associated with your account. If the Dispute is not resolved within 60 calendar days of when either party send the IDR Notice, either party may initiate arbitration. This Section 12(D) does not apply to excluded claims under Section 12(B). You agree that compliance with this Section 12(D) is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. You and Folia agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Agreement or if inapplicable for whatever reason, then the relevant laws of the jurisdiction where you reside shall apply.

E. Arbitration Procedure

Arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available at https://www.namadr.com/resources/rules-fees-forms), based on where you reside. If the applicable arbitration provider is not available or willing to arbitrate, a mutually agreed upon alternative arbitration provider may be selected. A single arbitrator will be appointed to conduct the proceedings. Arbitration will be conducted by videoconference unless the arbitrator determines an in-person hearing is necessary, in which case the location will be mutually agreed upon, based on the county where you reside or as determined by the arbitrator, unless the batch arbitration process set forth in Section 12(G) applies. The arbitrator shall have the exclusive authority to resolve any Dispute and all threshold arbitrability issues, including whether this Agreement is applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a state or federal court has exclusive authority to determine any Dispute about enforceability and/or validity of the class action waiver or requests for public injunctive relief, as set out in Section 12(F) below.

F. Class Action & Jury Trial Waivers

You and Folia agree that Disputes must be brought solely on an individual basis, and not on a class, collective, representative or consolidated basis unless the batch arbitration process outlined in Section 12(G) applies. Class arbitrations, class actions and representative actions are prohibited, except as specified in Section 12(G) below. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. Neither party is prevented from participating in a class-wide settlement. You and Folia knowingly and irrevocably waive any constitutional or statutory rights to sue in court and to a trial by jury in any action, proceeding, or counterclaim.

G. Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, the parties agree that NAM will administer them in batches of up to 50 claimants each (“Batch”). NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

H. Arbitration Costs

Except as provided for in a batch arbitration in the above Section 12(G), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. You may be entitled to a waiver of certain arbitration costs, if your gross monthly income is less than 250% of the current federal poverty guidelines.

I. AA Survival & Severability

This Arbitration Agreement will survive any termination of your relationship with Folia until the expiration of all applicable statutes of limitations. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

13. Miscellaneous

A. Governing Law, Jurisdiction, and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles, including its interpretation, construction, performance, and enforcement, except that the Federal Arbitration Act governs provisions relating to arbitration. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the jurisdiction where you reside. Except as outlined in Section 12 above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York county, New York.

B. Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. Folia will provide prior written notice where required by applicable law.

C. Changes to Terms

We may update these Terms from time to time. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-platform notification. All other changes will be effective as soon as we post them to the website. Continued use of the Services after we post the updated Terms or otherwise give you notice of changes to our Terms constitutes acceptance. If you do not accept the updated Terms, please do not continue using our Services.

D. Entire Agreement

These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms and supersedes any prior or contemporaneous agreements between you and Folia.

E. Severability, No Waiver, and Survival

If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Folia’s failure to exercise any right or enforce any condition or provision under these Terms does not constitute a waiver of its right to do so later. All sections of these Terms which, by their nature should survive termination or expiration, will survive, including sections pertaining to Folia IP, license rights granted by you to Folia, payment obligations, warranty disclaimers, indemnification, arbitration, and the limitation on liability.

15. Copyright / DMCA Policy

Folia respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, Folia will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Folia’s Designated Copyright Agent as set forth below. For your notice to be valid under the DMCA, you must provide the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Folia’s Designated Copyright Agent can be reached at: Will Arloff, Folia Software, Inc. (formerly Goldpan LLC), support@foliaplanner.com. Folia reserves the right to remove content alleged to be infringing and to terminate accounts of repeat infringers without notice.

16. Force Majeure

Folia shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms or providing the Services, when and to the extent such failure or delay is caused by or results from acts beyond Folia’s reasonable control, including: (i) acts of God, natural disasters, earthquakes, floods, fires, or other catastrophic events; (ii) epidemics, pandemics, or public health emergencies; (iii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (iv) government orders, laws, or actions; (v) embargoes or blockades; (vi) actions, delays, or failures of third-party service providers including internet service providers, cloud hosting providers, or payment processors; (vii) cyberattacks, denial-of-service attacks, or other malicious acts by third parties; or (viii) power outages or failures of telecommunications networks (collectively, “Force Majeure Events”). In the event of a Force Majeure Event, Folia will use commercially reasonable efforts to notify you of the event and its expected duration, and to restore Services as promptly as practicable.

17. Data Security and Breach Notification

Folia implements commercially reasonable technical and organizational measures designed to protect User Content and personal information against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or method of electronic storage is completely secure. In the event that Folia becomes aware of a security breach that affects your personal information and that is required to be reported under applicable law, Folia will notify you without undue delay and in any case within 72 hours of becoming aware of the breach, where feasible, via the email address associated with your account or through a prominent notice on our website. Folia’s notification will include, to the extent known at the time: (i) a description of the nature of the breach; (ii) the categories and approximate number of individuals and records affected; (iii) the likely consequences of the breach; and (iv) the measures taken or proposed to address the breach. For more information about our data security practices, please visit our Privacy Policy.

19. Contact

For any questions, please contact: support@foliaplanner.com