Pholeo Terms of Service

Effective Date: February 13, 2026

1. Acceptance of Terms

By accessing or using Pholeo Inc.'s ("Pholeo," "we," "us," or "our") marketing portfolio creation platform, marketing content repository, job listings feature, and marketing templates marketplace (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Pholeo offers a platform for marketers to create portfolios, upload marketing content, browse a marketing templates marketplace, and access job listings related to the marketing field. The Service is available in both free and paid tiers. Certain features, tools, and content are accessible only to users who subscribe to a paid plan. By using the Service, you acknowledge and agree that Pholeo is not responsible for the content posted by users or for the actions of other users.

3. Job Listings

Job listings may be posted by third parties. Pholeo does not verify the accuracy, legitimacy, or completeness of job postings and does not guarantee any hiring outcome. Pholeo is not an employer, recruiter, or employment agency, and any interactions with job posters are solely between you and the third party. You are responsible for performing your own due diligence and use the job listings feature at your own risk. Links and job posts are provided for convenience and do not constitute endorsement.

We may remove job postings, suspend or ban repeat offenders, and take other action to protect users and the Service. If you see a posting that appears fraudulent, abusive, or otherwise violates these Terms, you can report it to us at [email protected].

4. User Accounts

To use certain features of the Service, you must create an account. You are responsible for providing accurate and complete information during the registration process and for maintaining the confidentiality of your login credentials. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. Pholeo reserves the right to suspend or terminate your account at any time if we believe you have violated these Terms.

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and disclose personal information. View the Privacy Policy.

If you delete your account, your public portfolio pages will be removed from the Service. Content you have shared with others may remain visible to those recipients. We may retain residual copies of your content in backups or logs for a limited period for security, legal, or operational reasons, after which they are deleted in accordance with our retention practices.

5. Subscription Plans and Billing

5.1 Plans and Pricing

Pholeo offers monthly and annual subscription plans. Details of each plan, including features and pricing, are listed on the Service's pricing page. Pholeo reserves the right to modify its plans and pricing at any time, subject to Section 5.6.

5.2 Auto-Renewal

All subscription plans renew automatically at the end of each billing cycle (monthly or annually, as applicable) unless you cancel your subscription before the renewal date. By subscribing to a paid plan, you authorize Pholeo and its third-party payment processor to charge your designated payment method at the then-current rate at the start of each renewal period. You can view your renewal date in your account settings.

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to your paid features until the end of your current billing period. No partial or prorated refunds will be issued for the remaining unused portion of a billing cycle, unless required by applicable law.

5.4 Upgrades and Downgrades

If you upgrade your subscription (e.g., from a monthly to an annual plan or to a higher tier), the change will take effect immediately and any price difference will be prorated for the remainder of your current billing period. If you downgrade your subscription, the change will take effect at the start of your next billing cycle, and you will retain access to your current plan's features until then.

If you downgrade to the free plan, paid features (such as advanced analytics, premium templates, and custom domains) will no longer be available once the downgrade takes effect. We may unpublish custom domain portfolio URLs and disable premium analytics. Your portfolio content remains hosted on Pholeo, but any features that require a paid plan will be removed or disabled. You may still access and export your content using available free features, subject to any technical limits described in the Service.

5.5 Changes to Pricing

Pholeo may change the pricing for its subscription plans at any time. If you are on an active subscription, we will notify you of any price changes at least 30 days before they take effect. For annual subscribers, price changes will not apply until your next renewal date. For monthly subscribers, price changes will apply at the start of the next billing cycle following the 30-day notice period. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

5.6 Payment Processing

Payments are processed through third-party payment processors. By making a purchase, you agree to the payment processor's terms and conditions. You are responsible for keeping your payment information current. If a payment fails, Pholeo may suspend access to paid features until payment is successfully collected.

5.7 Refunds

Pholeo generally does not offer refunds for subscription fees already charged. If you believe you have been charged in error, please contact us at [email protected] within 14 days of the charge. Refund requests will be reviewed on a case-by-case basis. Nothing in this section limits your rights under applicable consumer protection laws, including those of Canada.

6. Prohibited Conduct

You agree not to engage in the following prohibited activities while using the Service:

  • Uploading content that is illegal, harmful, or violates the rights of others.
  • Misusing the Service to distribute spam or unsolicited messages.
  • Attempting to interfere with or disrupt the operation of the Service.
  • Infringing on intellectual property rights, including those of Pholeo and other users.
  • Sharing, reselling, or redistributing access to paid features or subscription benefits with unauthorized users.
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
  • Uploading content that is defamatory, hateful, harassing, or threatening, or that promotes violence or discrimination.
  • Uploading content that contains personal data about others without their consent or that violates privacy, publicity, or confidentiality rights.
  • Uploading confidential information you do not have permission to share (for example, employer or client confidential materials).
  • Uploading malware, viruses, or other harmful code, or attempting to gain unauthorized access to accounts or systems.
  • Posting content that is pornographic, sexually explicit, or otherwise adult in nature where prohibited by law or by our policies.

Pholeo may remove content, suspend or terminate accounts, and take other appropriate action at its discretion to enforce these Terms, to comply with law, or to protect the Service or other users. Pholeo may respond to copyright or other rights infringement notices and may limit access or terminate repeat infringers.

7. Content Ownership and Licensing

Users retain ownership of the content they upload to the platform. However, by posting or submitting content to the Service, you grant Pholeo a non-exclusive, royalty-free, worldwide license to host, store, back up, reproduce, and display your content solely for the purpose of operating, providing, and improving the Service. We distribute your content only as directed by you (for example, publishing your portfolio or sharing with viewers you authorize). This license is limited to the duration your content remains on the Service and terminates when you delete the content, except that residual copies may persist for a reasonable period in backups or caches. Pholeo may sublicense these rights only to service providers that help us operate the Service, subject to confidentiality and use limitations consistent with these Terms. We do not use private or unpublished portfolio content for marketing without your explicit permission.

8. Notice and Takedown

If you believe content on the Service infringes your copyright or other rights, you may send a notice to [email protected] with: (a) a description of the work you claim is infringed, (b) the URL or other location of the allegedly infringing content, (c) your contact information, (d) a statement that you have a good-faith belief the use is not authorized, and (e) a statement under penalty of perjury that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf. We may remove or disable access to the content and will, in appropriate circumstances, terminate repeat infringers.

9. Intellectual Property

All content, logos, designs, trademarks, and other intellectual property related to the Service are owned by Pholeo or our licensors. You may not use any of Pholeo's intellectual property without prior written consent from Pholeo.

10. Marketplace Terms

If the Service includes a templates marketplace, any templates you purchase are licensed to you, not sold. Unless otherwise specified at the time of purchase, the license is non-exclusive, non-transferable, and limited to use in your own portfolios and marketing materials. You may not resell, redistribute, or sublicense templates or template assets to third parties. Template creators represent that they have the rights to grant these licenses and that their templates do not infringe third- party rights. Pholeo may facilitate payments but is not a party to transactions between buyers and sellers and does not provide warranties for marketplace items.

Prices may include or exclude applicable taxes (including GST/HST or other local taxes), as indicated at checkout. You are responsible for any applicable taxes unless we are required by law to collect and remit them. Digital purchases are generally final and non-refundable except as required by applicable law or as explicitly stated at the time of purchase.

If you believe a marketplace listing infringes your intellectual property rights, you may submit a complaint to [email protected]. We may remove or disable access to the listing and take other actions as appropriate.

11. Termination of Service

Pholeo may suspend or terminate your access to the Service at any time, with or without cause, including if you violate these Terms. Upon termination, all licenses granted by you to Pholeo will cease, but Pholeo may retain and use your content in accordance with its licenses until such content is deleted from the Service.

Where practicable, we will provide reasonable notice before termination for reasons other than abuse, security, or legal compliance. We will also make commercially reasonable efforts to allow you to export or retrieve your content before termination or within a short grace period, unless doing so would pose a risk to the Service or other users.

Refunds, if any, are handled in accordance with Section 5.8. If your account is terminated due to a violation of these Terms, no refund will be issued unless required by applicable law.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Pholeo disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Pholeo does not warrant that the Service will be uninterrupted, secure, or error-free, or that content will be accurate or reliable.

13. Limitation of Liability

Pholeo is not liable for any indirect, incidental, special, or consequential damages arising out of your use of the Service. Pholeo's total liability to you for any claim arising from your use of the Service is limited to the total fees actually paid by you to Pholeo for the Service in the 12 months immediately preceding the event giving rise to the claim. This limitation does not apply to liability arising from fraud, willful misconduct, or gross negligence, or to liabilities that cannot be limited by law (including certain data protection or intellectual property obligations). Nothing in these Terms limits liability where such limitation is prohibited by law. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration administered by ADRIC under its Arbitration Rules, except where prohibited by law or where you may bring a claim in small claims court. The arbitration will take place in Calgary, Alberta, and the courts located in Alberta will have exclusive jurisdiction to enforce or appeal any arbitration award. Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access, where permitted. If you are a consumer and your province's consumer protection laws do not allow mandatory arbitration, those laws apply. This section does not limit any rights you may have under applicable consumer protection laws.

15. Modifications to the Terms

Pholeo reserves the right to modify these Terms at any time. We will notify users of any material changes at least 30 days in advance via email or in-app notifications. Your continued use of the Service after changes have taken effect constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you may cancel your subscription and stop using the Service before the changes take effect.

16. Third-Party Services

The Service may include links or integration with third-party services, including payment processors. Pholeo is not responsible for the content, terms of use, or privacy practices of third-party services, and your use of those services is governed by their respective terms.

17. Contact

If you have questions or concerns about these Terms, including billing-related inquiries, please contact us at:
[email protected]