Terms and Conditions

Policies that apply to your account and use of Futy

Last revised on July 1, 2021, effective as of July 1, 2021

These Terms of Service are a contract between you and Futy bv, established in Utrecht, Chamber of Commerce no. 78685192 (referred to in these Terms of Service as “Futy”, “us”, “we” or “our”), the provider of the Futy website and the services accessible from the Futy website (which are collectively referred to in these Terms of Service as the “Futy Service”).

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Futy Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Applicability

These terms and conditions will apply to any Agreement concluded between you and Futy. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

Your Account

  • Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
  • Registration Information. You must provide a valid permanent email address, along with any other information required by Futy during the registration process. One person or legal entity may not maintain more than one free account.
  • Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
  • Restrictions. You may not use the Futy Service for any illegal or unauthorized purpose. You must not, in the use of the Futy Service, violate any laws in your jurisdiction.

Payment, Refunds, Upgrading and Downgrading

You agree to pay for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service.

The Futy Service is billed in advance in accordance with our pricing schedule. There will be no refunds for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You agree to pay for any taxes that might be applicable to your use of the Futy Service.

The agreement is automatically renewed for the same duration at the end of the term. 

Cancellation

You are solely responsible for canceling your subscription. As a security precaution, an email or phone request to cancel your subscription will not result in cancellation. You can cancel your subscription at any time from the “Account” section. Step-by-step instructions are available in the help center. Subscription cancellations become effective when the term has expired.

Upon request we can remove your account, this will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Futy for a 30-day period. Cancelled accounts cannot be recovered or restored from Futy following this 30-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Violation of these Terms of Service

In case of payment arrears of two invoices, your Futy account will be temporarily closed. You will receive instructions by email on how to settle those outstanding invoices and when your account will be reactivated.

All judicial and extrajudicial collection costs, including the costs for lawyers, bailiffs and collection agencies, are for your account. The extrajudicial collection costs are in accordance with the graduated cost of extrajudicial collection costs applied by case law.

Termination

Futy, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the Futy Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Futy Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Futy Service plans are subject to change. If Futy does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least three (3) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Futy Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Futy Service. Your continued use of the Futy Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Futy Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Futy Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Futy Service to you.

Futy, and the Futy logos, are trademarks of Futy and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Futy Service.

Account Access

In some cases, it is necessary for Futy employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Futy employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Indemnification

You agree to indemnify and hold Futy, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Futy Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Limitation of Liability

Futy will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Futy Service, whether or not Futy is advised of the possibility of such damages. You acknowledge and agree that Futy’s maximum liability to you will not exceed the amount you have paid Futy in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Futy Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

Dutch law is exclusively applicable to all agreements between the parties. The Dutch court in the district where Futy is established is exclusively competent in case of any disputes between parties, unless the law describes otherwise. 

Miscellaneous

Futy uses services (hardware, software, network, data storage, etc.) from third parties to deliver the Futy Service.

You will not attempt to hack Futy and/or set up websites that pretend to be part of Futy.

You will not reproduce, copy, duplicate, sell or resell any part of Futy or Futy in its entirety without the express permission of Futy.

You will not use Futy to post or send unsolicited content / e-mail (SPAM).

You will not place any worms and / or viruses and / or other forms of destructive code on Futy.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Futy. Futy will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Futy operates and controls the Futy Service from its offices in the Netherlands. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Futy Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Futy Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Futy concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.