These Terms of Use (“Terms”) constitute a legally binding agreement between you and FutureIT (“FutureIT”, “we”, “us”, or “our”) governing your access to and use of the FutureIT website, mobile application, and related services (collectively, the “Service”) to the user / users (“You”, or “Yours”).
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Service.
These Terms incorporate by reference our Privacy Policy and any additional policies made available through the Service.
Change / Update to Terms
We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of these Terms. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the revised Terms.
Eligibility
You must be at least 13 years old to create an account. If you are under 18 or under the age of majority in your jurisdiction, you may use the Service only with the consent and under the supervision of a parent or legal guardian, who must review and agree to these Terms on your behalf and is responsible for your use of the Service.
Account holders aged 13 to 17 may use the Service for gift cards only. They may not send or receive cash gifts, link a bank account, or access investment features. Cash and investment features are available only to account holders who are at least 18 years old (or the age of majority in their jurisdiction).
Children under 13 may not create an account. A parent or legal guardian may add a child under 13, or any family member under 18, to their own account as a family member after completing our parental consent verification, as described in our Privacy Policy. The parent or guardian manages that profile and is responsible for its use.
By using the Service, you represent and warrant that:
- you have the legal capacity to enter into these Terms, or, if you are under 18, your parent or legal guardian has agreed to them on your behalf
- the information you provide is accurate and complete
- your use of the Service complies with applicable laws and regulations
If you are using the Service on behalf of another person or organization, you represent that you have authority to bind that party to these Terms.
Services
FutureIT provides a technology platform that enables users to create and manage gifting and savings experiences for designated recipients such as:
- create and send monetary (cash) gifts to designated recipients (account holders aged 18 or older only)
- purchase and send gift cards or contribute to curated wishlists
- invite family members or friends to contribute to a shared gift or goal
- track contributions and progress toward gifting or financial goals for a beneficiary
Account Registration
- You may use our Services with registering an account. If you choose to register, you must provide true, accurate, current, and complete information.
- You are responsible for maintaining the confidentiality of your FutureIT Account information, including your login credentials. You must notify us immediately of any unauthorized use of your account.
Payment Terms
- Payments for transactions are processed through our third-party payment processor, Stripe. All payment transactions are between you and the Merchant.
- FutureIT charges a fee for using its platform, which will be communicated to you prior to completing a transaction. You agree to pay all charges, including any applicable taxes and fees related to your transactions.
- If your transaction fails, you may use another payment method. FutureIT is not liable for any charges imposed by your payment provider
Third Party
The Service may integrate with or link to third-party providers, including:
- payment processors
These third-party services are governed by their own terms and privacy policies.
FutureIT does not control and is not responsible for the actions, services, or policies of these third parties.
Intellectual Property & User Content
The Service, including all associated software, content, designs, functionality, and trademarks, is owned by or licensed to FutureIT and is protected by applicable intellectual property laws.
Subject to your compliance with these Terms, FutureIT grants you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.
You may not copy, reproduce, distribute, modify, create derivative works from, or otherwise exploit any part of the Service without our prior written permission.
You retain ownership of any content that you submit through the Service. However, by submitting such content, you grant FutureIT a worldwide, royalty-free license to use, reproduce, display, and distribute that content for the purpose of operating and improving the Service.
FutureIT retains all rights, title, and interest in and to the Service and its intellectual property. You may not use FutureIT’s trademarks, logos, or branding without our prior written consent.
Privacy
Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect personal information.
By using the Service, you consent to the practices described in the Privacy Policy.
Confidentiality
While providing the Service, FutureIT may share or make available certain information relating to its products, services, business operations, technology, trade secrets, or marketing strategies. Such information, whether or not expressly marked as “confidential,” may constitute confidential and proprietary information of FutureIT that is not publicly available.
You agree to maintain the confidentiality of this information and not to use, disclose, or share it with any third party except as necessary to use the Service and only in accordance with these Terms, unless you have obtained our prior written consent.
Data Collection & Analysis
We may collect and analyze data relating to your use of the Service that is aggregated or de-identified in such a way that it is not associated with you (“Usage Data”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third- party analytical tools). We may analyze, process, collect, and use Usage Data for any purpose, including for improving the Service and developing new products, services, features, and functionality.
Term & Termination
These Terms begin on the date you first access or use the FutureIT Services and will remain in effect until terminated by either you or FutureIT.
You may stop using the Services or delete your FutureIT account at any time. If you delete your account, your access to the Services and any related features will end immediately.
FutureIT may suspend or terminate your account or access to the Services at any time if we believe that: (i) you have violated these Terms or applicable policies; (ii) your use of the Services is unlawful or fraudulent; (iii) your activity poses a security risk or may harm FutureIT, its users, or third-party partners; (iv) required by law or government request; or (v) you fail to pay any applicable fees. FutureIT may take such action in its sole discretion and will not be liable for any resulting loss of access.
Upon termination, your right to access or use the Services will immediately end. FutureIT may delete or retain your account information as required by applicable law. Termination will not affect any obligations or liabilities that arose prior to termination.
Disclaimer of Warranties
The Services and all information provided through them are offered on an “as is” and “as available” basis. FutureIT makes no representations or warranties regarding the reliability, accuracy, availability, or completeness of the Services or any information accessible through them.
To the fullest extent permitted by law, FutureIT disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, FutureIT and its directors, employees, agents, and affiliates will not be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or other losses arising from or related to your use of the Services, even if FutureIT has been advised of the possibility of such damages.
To the maximum extent permitted by law, FutureIT’s total liability for any claim arising out of or related to the Services or these Terms will not exceed the greater of (i) the amount you paid to FutureIT during the six (6) months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, FutureIT’s liability will be limited to the maximum extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless FutureIT and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (i) your use of the Services; (ii) your violation of these Terms or applicable law; or (iii) your infringement of the rights of any third party.
FutureIT reserves the right to assume control of the defense of any claim subject to indemnification, and you agree to cooperate with us in defending such claims.
Miscellaneous
- Governing Law: These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from these Terms or the Services will be resolved in the courts located in Texas.
- Subcontractors: FutureIT may use subcontractors or third-party service providers to help operate or provide the Services.
- Injunctive Relief: You acknowledge that a breach of these Terms may cause irreparable harm to FutureIT for which monetary damages may be insufficient. FutureIT may seek injunctive or equitable relief in addition to any other remedies available under law.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without FutureIT’s prior written consent. FutureIT may assign these Terms without restriction.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: Failure by FutureIT to enforce any provision of these Terms will not constitute a waiver of that provision or any other rights.
- Entire Agreement: These Terms, together with any referenced policies, constitute the entire agreement between you and FutureIT regarding the Services.
- No Partnership: Your use of the Services does not create any partnership, agency, employment, or joint venture relationship between you and FutureIT.
- Notices. FutureIT may provide notices through the Services, by email, or through your registered account information. You may contact FutureIT through the contact information provided in these Terms.
- Force Majeure: FutureIT will not be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, government actions, labor disputes, or internet service disruptions.
Contact Us
For questions about these Terms, please contact at legal@futureit.us