Terms of Service
Welcome to PortCall, a product of Imperia Middleware Inc. (“Imperia Middleware,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the PortCall application and related services (the “app”).
1. Acceptance of Terms; Eligibility
You accept these Terms by tapping “Continue” during onboarding, where these Terms and our Privacy Policy are presented by link immediately above that button, and by accessing or using the app thereafter. Our Privacy Policy is incorporated into these Terms by reference. If you do not agree, you must not use the app. Your acceptance is recorded with a timestamp and retained.
PortCall is intended only for adults aged 21 and over. You represent that you are at least twenty-one (21) years of age. Age is verified at onboarding by self-reported date of birth. Providing a false date of birth is a material breach of these Terms; if we determine that a user is under 21, we will terminate the account immediately and delete its personal data as described in our Privacy Policy.
2. The Service
PortCall delivers audio briefings about financial markets, generated automatically by artificial-intelligence systems and performed by fictional, computer-voiced host characters. A free tier provides briefings covering a curated default portfolio selected by us, which we may change at any time, including on a recurring schedule. Paid subscription tiers add briefings covering portfolios of ticker symbols that you select. The app is designed for hands-free listening, including via Apple CarPlay.
3. NOT FINANCIAL ADVICE
READ THIS SECTION CAREFULLY. PORTCALL IS AN ENTERTAINMENT AND GENERAL-INFORMATION PRODUCT. IT IS NOT INVESTMENT, FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE.
- Imperia Middleware is not a broker-dealer, investment adviser, or financial planner, and is not registered with the U.S. Securities and Exchange Commission, FINRA, the CFTC, or any other financial regulator. Nothing in the app creates a fiduciary, advisory, or client relationship.
- The host characters are fictional and their statements are scripted, AI-generated commentary delivered in character for entertainment. Statements phrased as positions, trade ideas, or calls (for example, “I’d be long X”) are part of a fictional performance and are not recommendations to you. As the characters themselves say: idea, not advice.
- Content is generated for groups of users holding the same securities and is not individualized advice based on your financial situation, objectives, or risk tolerance.
- Investing involves substantial risk, including loss of principal. Options and other derivatives involve heightened risk and are not suitable for all investors. Past performance does not guarantee future results.
- Do not make any investment decision in reliance on the app. Verify all information independently and consult a licensed financial professional before trading.
4. AI-Generated Content; Accuracy
All briefing audio is synthesized by text-to-speech systems; the voices are computer-generated and do not belong to, and are not endorsed by, any real on-air personality. All scripts are generated by large language models drawing on third-party market data and news sources. AI-generated content can contain errors, omissions, outdated information, mischaracterizations, or statements with no basis in fact, and may differ from the underlying sources it summarizes. We do not warrant the accuracy, completeness, or timeliness of any content, and you agree not to rely on it as described in Section 3.
5. Market Data
Quotes, options data, fundamentals, and other market data are supplied by third-party data vendors. Some data is delayed (for example, options data may be delayed fifteen minutes or more) and any data may be inaccurate, incomplete, or unavailable. Market data and briefing content are licensed to you for personal, non-commercial use within the app only. You may not record, scrape, extract, redistribute, retransmit, or resell app content or the data contained in it. Notwithstanding the foregoing, you may capture and share excerpts of briefing audio or app screenshots — including in monetized or influencer content — provided the excerpt is no more than sixty (60) seconds, you clearly identify PortCall as the source, you do not imply our endorsement of any investment decision, and you do not use the excerpt as a substitute for the app itself. This does not limit any separate written agreement between you and Imperia Middleware governing sponsored or affiliated content.
6. Subscriptions and Billing
Paid tiers are sold as auto-renewing subscriptions through the Apple App Store. The price and renewal period are disclosed at the point of purchase. Your subscription renews automatically unless cancelled at least 24 hours before the end of the current period; manage or cancel at any time in your Apple ID subscription settings. Billing, payment, and refunds are handled by Apple under Apple’s terms; we do not process your payment information. Prices may change prospectively with notice as required by Apple’s policies. Deleting the app does not cancel a subscription.
7. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes in accordance with these Terms. This license is for operation of the app by you alone — the individual who holds the account and controls playback — and your account may not be operated by, or its credentials shared with, any other person. This is a restriction on who operates the app, not on who may be present while it plays: incidental listening by others nearby (at home, in a vehicle, at work, and similar settings) is permitted, so long as you are not intentionally broadcasting the audio to a broad or public audience (for example, over a public address system, a public livestream, or for patrons generally at a commercial venue). You may not reverse-engineer, modify, resell, or redistribute the app or its content (this restriction does not apply to excerpts shared under Section 5's excerpt-sharing exception), or circumvent the age gate, subscription entitlements, or any technical protection measure. In the event of any conflict between these Terms and the Apple Licensed Application End User License Agreement (Standard EULA), the Apple Standard EULA shall govern as to Apple; nothing in these Terms limits Apple’s rights or remedies under the Standard EULA.
8. No Warranties
THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Imperia Middleware disclaims all warranties and conditions, express, implied, or statutory, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. No oral or written information or advice given by Imperia Middleware or its representatives creates a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory consumer rights, so some exclusions may not apply to you.
9. Limitation of Liability
To the maximum extent permitted by applicable law: (a) Imperia Middleware shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any trading or investment losses, lost profits, or lost opportunities, arising from or relating to your use of or inability to use the app or your reliance on any content, even if advised of the possibility of such damages; and (b) our total aggregate liability shall not exceed the greater of (i) the amounts you paid to Imperia Middleware for the app in the twelve (12) months preceding the claim or (ii) fifty dollars ($50.00), or the minimum amount required by applicable law. Some jurisdictions do not allow certain limitations, so some may not apply to you.
10. Force Majeure
Imperia Middleware shall not be liable for any delay or failure to perform resulting from events beyond our reasonable control, including acts of God, natural disasters, government actions, war, terrorism, civil unrest, pandemics, market data feed interruptions, outages of third-party AI, synthesis, hosting, or data services, and other technical failures or disruptions in third-party services.
11. User Conduct
You agree not to use the app: for any unlawful purpose; to interfere with the app’s normal operation, including through hacking, scraping, automated access, unauthorized API usage, or circumventing security, age-verification, or subscription measures; to extract or redistribute content or market data in violation of Section 5; to permit, enable, or facilitate use of the app by any person under the age of twenty-one (21), including by sharing your account credentials, device, or a signed-in session with such a person; or in any manner that violates applicable law or third-party rights.
12. User Content and Community Features
The app does not currently offer public user-generated content features; the only content you submit is account information and the ticker symbols in your portfolios. If community or social features are introduced in the future, additional conduct rules will apply, submitted content will be subject to automated and/or human moderation, and we will comply with our legal reporting obligations, including reporting suspected child sexual abuse material to the National Center for Missing & Exploited Children under 18 U.S.C. § 2258A. We may preserve or disclose content and account information where required by law or legal process or to protect users or the public.
13. Termination
We may terminate or suspend your access at our sole discretion, including for breach of these Terms or misrepresentation of age. Where an email address is on file, we will attempt to give notice of impending suspension, except where we believe delay could cause harm to Imperia Middleware, other users, other entities, or the public. Accounts determined to belong to users under 21 are terminated immediately without prior notice and the associated personal data is deleted. Terminations or suspensions may be appealed by emailing the contact address below. Termination under the Apple Standard EULA may occur automatically upon breach, effective regardless of any appeal procedure described here.
14. Indemnification
You agree to indemnify, defend, and hold harmless Imperia Middleware, its officers, directors, employees, agents, affiliates, and successors from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to your use or misuse of the app, your violation of these Terms, or your infringement of any third-party rights.
15. Governing Law and Venue
Except as otherwise required by the Apple Standard EULA (under which disputes with Apple are governed by California law and adjudicated in Santa Clara County, California), these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Disputes between you and Apple are controlled by Apple’s EULA; disputes between you and Imperia Middleware are subject to Delaware law and Section 16.
16. Dispute Resolution; Arbitration; Class Waiver
Informal resolution first. Before filing any claim, you and we each agree to send the other a written notice of dispute (to the contact address below, or to your account email) describing the claim and the relief sought, and to attempt in good faith to resolve it informally for thirty (30) days.
Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the app that is not resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, conducted before a single arbitrator. Arbitration shall take place in Delaware or, at your election, remotely by videoconference. Fees and costs shall be allocated under the JAMS rules then in effect. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights. These Terms do not waive rights that cannot be waived under the law of your jurisdiction.
Opt-out. You may opt out of this arbitration agreement by emailing support@imperiamiddleware.com with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms, stating your name and account email. Opting out does not affect any other provision of these Terms.
Class waiver. All claims shall be brought on an individual basis only. You and we each waive any right to a jury trial and any right to participate in a class action or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must still proceed individually to the maximum extent permitted, and the remainder of this Section remains in effect. If arbitration is unavailable or unenforceable, disputes shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction and venue there.
17. Modifications
We may update these Terms at any time. If we make material changes (changes significantly affecting your rights or obligations), we will notify users via the app or email. Continued use of the app after the effective date of changes constitutes acceptance of the revised Terms.
18. Severability; Entire Agreement
If any provision of these Terms is found unlawful, void, or unenforceable, that provision is severable and the remaining provisions remain in full force. These Terms, together with the Privacy Policy and the Apple Standard EULA, are the entire agreement between you and Imperia Middleware regarding the app.
19. Compliance with Apple Terms
You acknowledge that your use of the app is also subject to Apple’s Licensed Application End User License Agreement (Standard EULA), and you agree to comply with all applicable third-party terms when using the app, including those of Apple Inc. and any external services accessed through the app.
support@imperiamiddleware.com