Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern access to and use of the website, tools, and services (collectively, the "Service") provided by Fern Waardholm ("Fern Waardholm", "we", "us", or "our"). By accessing or using the Service, you ("you", "your", or "User") agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.

2. Nature of the Service

Fern Waardholm provides AI-driven data analysis and decision-support tools intended to help independent professionals organise and interpret information relevant to capital and investment-related decisions. The Service is provided for informational and organisational purposes only.

Nothing produced, displayed, or generated through the Service constitutes financial, investment, legal, tax, or professional advice, and no output should be relied upon as a recommendation to buy, sell, hold, or otherwise transact in any asset. You are solely responsible for any decisions made using information obtained through the Service.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate and current.

4. Account Responsibilities

If the Service requires the creation of an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorised use or suspected security breach. Fern Waardholm is not liable for any loss arising from your failure to safeguard your account information.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right;
• Reverse-engineer, decompile, or attempt to extract the source code or underlying models of the Service;
• Interfere with, disrupt, or place undue burden on the Service's infrastructure;
• Misrepresent your identity or affiliation, or impersonate any person or entity;
• Use automated means to access the Service without prior written consent;
• Resell, sublicense, or redistribute the Service or its outputs without authorisation.

We reserve the right to suspend or terminate access for any User who violates these provisions.

6. No Financial Advice or Guarantee of Outcome

Fern Waardholm does not act as a financial adviser, broker, or fiduciary. Any analysis, projection, or output generated by the Service is based on data and models that may contain errors, gaps, or limitations, and past performance or historical data referenced within the Service is not indicative of future results. Fern Waardholm makes no representation or warranty regarding the accuracy, completeness, or suitability of any output for your particular circumstances.

You acknowledge that all decisions involving capital, investment, or financial commitments carry inherent risk, including the risk of loss, and that you assume full responsibility for such decisions.

7. Intellectual Property

All content, software, design elements, trademarks, and materials associated with the Service are the property of Fern Waardholm or its licensors and are protected by applicable intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Service without prior written permission.

8. Subscription, Fees, and Payment

Where the Service is offered on a paid or subscription basis, applicable fees, billing cycles, and payment terms will be presented at the point of purchase. Unless otherwise stated, fees are non-refundable except where required by applicable law. We reserve the right to modify pricing with reasonable prior notice.

9. Third-Party Services and Links

The Service may reference or link to third-party tools, data providers, or websites. Fern Waardholm does not control and is not responsible for the content, accuracy, or practices of any third party. Inclusion of such references does not imply endorsement.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Fern Waardholm does not warrant that the Service will be error-free or that any defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Fern Waardholm, its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or capital, arising out of or related to your use of, or inability to use, the Service, even if advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, Fern Waardholm's total aggregate liability shall be limited to the amount you paid, if any, for access to the Service during the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Fern Waardholm and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to other Users, Fern Waardholm, or third parties. You may discontinue use of the Service at any time.

14. Changes to the Service and Terms

We may modify, suspend, or discontinue any part of the Service at any time without liability. We may also update these Terms periodically; material changes will be indicated by revising the "Last updated" date above. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to conflict-of-law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in [Insert Jurisdiction], unless otherwise required by applicable law.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact

For questions regarding these Terms, please use the contact details provided elsewhere on this website.