1. Introduction, Customer, and Authority
These Terms of Service (“Terms”) govern access to and use of the web pages at https://www.ftetree.com and the associated applications and software provided by FTE Tree LLC (“FTE Tree,” “Company,” “we,” “our,” or “us”), collectively the “Service.”
The “Customer” is the organization that subscribes to, purchases, or is otherwise provided access to the Service. An “Authorized User” is an individual whom Customer permits to access the Service on Customer’s behalf. These Terms form an agreement between FTE Tree and Customer, not an agreement for an Authorized User’s personal or household use.
The Service is offered exclusively to organizations for business, commercial, governmental, or nonprofit organizational use. It is not offered for personal, family, or household use.
The individual accepting these Terms on Customer’s behalf represents and warrants that they are at least eighteen (18) years old and have authority to bind Customer to these Terms. Any individual who creates, changes, cancels, or otherwise manages a Subscription also represents and warrants that they have authority to manage Customer’s billing. If you do not have the required authority, do not accept these Terms or exercise Customer billing controls.
Our Privacy Policy explains how we collect, use, safeguard, and disclose information in connection with the Service. These Terms and the Privacy Policy are together referred to as the “Agreements.”
If Customer does not agree with or cannot comply with the Agreements, Authorized Users may not continue using the Service. An authorized billing manager may still cancel renewal as described in Section 4 without accepting revised Terms. Customer may also contact support@ftetree.com for assistance.
2. Communications
Customer agrees that we may send operational, security, legal, subscription, invoice, and other Service-related communications to Customer’s Authorized Users and designated contacts. Customer is responsible for keeping its account and verified billing-contact information accurate and current.
We may also send marketing or promotional communications where permitted. A recipient may opt out of marketing communications by following the instructions in the message or emailing support@ftetree.com. Opting out of marketing does not stop transactional or Service-related communications.
3. Purchases, Invoices, and Payment
Before Customer creates a paid subscription (“Subscription”), the Service displays a subscription summary that identifies Customer, the selected plan, quantity, monthly or annual billing interval, recurring amount or calculated estimate, invoice payment terms, automatic-renewal terms, cancellation timing and path, and support contact. Customer is responsible for reviewing that summary and correcting any errors before confirming the Subscription.
FTE Tree uses Stripe to process payments and manage subscription billing. Under the current self-service invoice model, Stripe emails each recurring invoice to Customer’s billing address for payment instead of automatically charging the recurring fee. The invoice is due within the number of days shown in the subscription summary and on the invoice. Customer may pay by card on Stripe’s hosted invoice page.
Customer represents and warrants that its billing and payment information is true, correct, complete, and authorized for Customer’s use. Payment card information is provided directly to Stripe and is governed by Stripe’s privacy policy, available at https://stripe.com/us/privacy. FTE Tree does not store complete payment card details.
Customer must pay each invoice in full by its stated due date. If an invoice becomes past due, we may send payment notices and may restrict or suspend paid access after giving Customer notice when reasonably practicable. We may act without advance notice when reasonably necessary to address fraud, an unauthorized or illegal transaction, a security risk, or a legal requirement.
We may refuse or cancel a new order before activation because of product availability, pricing or description errors, suspected fraud, an unauthorized or illegal transaction, or another reasonable business or legal basis. We will notify Customer when reasonably practicable. Cancellation by FTE Tree after a Subscription is active is governed by Sections 4 and 20.
4. Subscriptions, Automatic Renewal, and Cancellation
Each paid Subscription begins when Customer affirmatively creates it. Customer selects a monthly or annual billing interval (“Billing Cycle”), and Stripe issues the first invoice when the Subscription starts.
At the end of each Billing Cycle, the Subscription automatically renews for another term of the same length at the recurring price and quantity then applicable to Customer’s Subscription, unless Customer cancels renewal or FTE Tree ends the Subscription under these Terms. An annual Subscription therefore renews for another year, and a monthly Subscription renews for another month.
For an annual Subscription with a current verified billing contact, FTE Tree sends a renewal reminder approximately thirty (30) days before renewal to that contact. The reminder identifies Customer, the subscribed Service, the renewal date, the recurring amount and frequency, and the direct online cancellation path. Customer remains responsible for keeping its verified billing contact current.
An Authorized User with Customer billing authority may cancel automatic renewal in the Service by going to Settings > Billing > Plans and usage > Cancel subscription and completing the cancellation flow. Customer may use that cancellation path even if revised Terms are awaiting acceptance. Customer may also contact support@ftetree.com for assistance.
Cancellation takes effect at the end of the then-current paid Billing Cycle. Customer remains responsible for amounts already invoiced, and Customer may continue to use the paid Service through that period if its account remains in good standing. Starting a cancellation request or contacting support does not complete cancellation until the Service or FTE Tree confirms that the Subscription is scheduled to end. If the online cancellation flow cannot be completed, Customer should contact support.
Canceling renewal does not terminate an individual Authorized User’s account and does not delete Customer’s organization data. Those are separate actions described in Sections 12 and 20.
5. Free Trial
FTE Tree may offer Customer a free trial for a limited period (“Free Trial”). A Free Trial does not automatically convert to a paid Subscription. It ends without a charge unless Customer affirmatively selects a paid plan, reviews the subscription summary, and creates a paid Subscription.
No payment method is required merely to begin or complete a Free Trial, and no charge will be made during or after the Free Trial unless Customer actively creates a paid Subscription.
We may change or withdraw the availability or terms of future Free Trial offers. If we end or materially change an active Free Trial before its stated end date, we will notify Customer when reasonably practicable. A change to a Free Trial will not by itself create a paid Subscription or authorize a charge.
6. Fees and Changes
The recurring fee, quantity, Billing Cycle, and invoice terms shown in Customer’s subscription summary apply when Customer creates the Subscription. Taxes or other government charges may be added where applicable.
FTE Tree will not silently move an existing Subscription to a different price. A new recurring price will apply only after Customer affirmatively accepts it or after FTE Tree gives Customer advance notice before the renewal at which the new price will take effect and a reasonable opportunity to cancel. A price change does not alter charges already invoiced for the then-current Billing Cycle.
Customer-initiated plan or quantity changes may change the recurring fee and may produce prorated charges or credits. The applicable amount and timing will be shown before Customer confirms the change.
7. Refunds
Except when required by law or expressly stated otherwise in writing by FTE Tree, paid Subscription fees are non-refundable. Period-end cancellation does not create a refund or credit for the remaining portion of the current Billing Cycle.
8. Content
The Service allows Customer and its Authorized Users to post, link, store, share, and otherwise make available information, text, graphics, and other material (“Content”). Customer is responsible for Content submitted through its account, including its legality, reliability, accuracy, and appropriateness.
Customer represents and warrants that it owns or otherwise has the right to use its Content and to grant the rights described in these Terms, and that its Content and use of the Service do not violate another person’s or entity’s privacy, publicity, intellectual-property, contractual, or other rights.
Customer retains its rights in Content it submits to the Service. Customer grants FTE Tree a non-exclusive license to host, copy, process, transmit, display, and otherwise use that Content only as reasonably necessary to provide, secure, support, and improve the Service and as described in the Agreements.
FTE Tree has the right, but not the obligation, to monitor and remove Content when reasonably necessary to operate the Service, enforce these Terms, or comply with law.
Content supplied by FTE Tree or its licensors remains the property of FTE Tree or the applicable licensor. Customer may not distribute, modify, transmit, reuse, download, repost, copy, or use that Content except as permitted by the Service, these Terms, or FTE Tree’s prior written permission.
9. Prohibited Uses
Customer and its Authorized Users may use the Service only for lawful organizational purposes and in accordance with these Terms. They must not use the Service:
(a) In any way that violates an applicable law or regulation.
(b) To exploit, harm, or attempt to exploit or harm minors.
(c) To transmit or procure unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
(d) To impersonate or attempt to impersonate FTE Tree, an FTE Tree employee, another user, or another person or entity.
(e) In a way that infringes the rights of others or is illegal, threatening, fraudulent, or harmful.
(f) To engage in conduct that restricts or inhibits another person’s authorized use of the Service or that may harm FTE Tree, Customer, other users, or third parties.
Customer and its Authorized Users also must not:
(a) Use the Service in a manner that could disable, overburden, damage, or impair it or interfere with another party’s use.
(b) Use a robot, spider, or other automated device, process, or means to access the Service except through an interface or integration expressly provided or authorized by FTE Tree.
(c) Monitor or copy Service materials for an unauthorized purpose without prior written consent.
(d) Use a device, software, or routine that interferes with the proper working of the Service.
(e) Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service or any connected server, computer, or database.
(g) Attack the Service through a denial-of-service or distributed denial-of-service attack.
(h) Falsify ratings, records, account information, or Service activity.
(i) Otherwise attempt to interfere with the proper working or security of the Service.
10. Analytics
We do not currently use third-party visitor analytics or behavioral advertising services. We may use operational logs and service-health information to deliver, secure, troubleshoot, and improve the Service as described in the Privacy Policy.
11. Eligibility
Authorized Users must be at least eighteen (18) years old. By accessing the Service, an Authorized User represents that they meet this requirement and are acting for Customer’s organizational purposes within the authority Customer granted them.
The Service is not available for personal, family, or household use. An individual who seeks a service for those purposes must not create a Customer organization or use the Service.
12. Accounts and Customer Administration
Customer is responsible for identifying its Authorized Users, granting appropriate permissions, promptly removing access that is no longer authorized, and ensuring that its account information remains accurate, complete, and current.
Each Authorized User is responsible for maintaining the confidentiality of their credentials and for activity under their account. Customer and its Authorized Users must notify FTE Tree promptly after becoming aware of a security breach or unauthorized account use.
An Authorized User may not use a name or identifier that belongs to another person or entity without authorization, violates another party’s rights, or is offensive, vulgar, or obscene.
An individual Authorized User may discontinue using the Service at any time. Customer may also end that individual’s user account or access. Discontinuing use or ending one Authorized User’s account does not cancel Customer’s Subscription, end the Customer organization account, or request deletion of Customer’s organization data.
13. Intellectual Property
The Service and its original content, features, and functionality, excluding Customer Content, are and will remain the exclusive property of FTE Tree and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and other countries. FTE Tree’s trademarks and trade dress may not be used in connection with any product or service without prior written consent.
14. Copyright Policy
We respect the intellectual-property rights of others. It is our policy to respond to a claim that Content available through the Service infringes another person or entity’s copyright or other intellectual-property rights (“Infringement”).
If you are a copyright owner or are authorized to act for one and believe a work has been copied in a way that constitutes Infringement, submit a claim to support@ftetree.com with the subject line “Copyright Infringement” and include the information described in Section 15.
A person who knowingly submits a material misrepresentation or bad-faith claim may be responsible for resulting damages, costs, and attorneys’ fees as provided by law.
15. DMCA Notice and Procedure for Copyright Infringement Claims
A notification under the Digital Millennium Copyright Act should provide the following information in writing (see 17 U.S.C. § 512(c)(3)):
(a) An electronic or physical signature of the person authorized to act for the owner of the copyright interest.
(b) A description of the copyrighted work claimed to have been infringed or, if multiple works are covered by one notice, a representative list.
(c) Identification of the material claimed to be infringing and information reasonably sufficient to permit FTE Tree to locate it.
(d) Contact information, including an address, telephone number, and email address.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
(f) A statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is the copyright owner or is authorized to act for the owner.
Send notices to support@ftetree.com.
16. Error Reporting and Feedback
Customer and its Authorized Users may provide feedback about errors, improvements, ideas, problems, complaints, and other matters related to the Service (“Feedback”) by contacting support@ftetree.com.
Feedback does not contain Customer’s confidential information unless the parties expressly agree otherwise in writing. Customer grants FTE Tree a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, distribute, and otherwise exploit Feedback for any purpose without restriction or obligation.
The Service may use Sentry, an error-tracking service provided by Functional Software, Inc. More information is available at https://sentry.io/privacy/.
17. Links to Other Websites
The Service may contain links to third-party websites or services not owned or controlled by FTE Tree.
FTE Tree does not control and is not responsible for the content, privacy policies, practices, availability, products, or services of third parties. Customer acknowledges that FTE Tree is not responsible or liable, directly or indirectly, for damage or loss allegedly caused by use of or reliance on third-party content, goods, or services.
Customer and its Authorized Users should review the terms and privacy policies of third-party websites and services they visit.
18. Disclaimer of Warranty
THE SERVICE IS PROVIDED BY FTE TREE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FTE TREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION, CONTENT, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, FTE TREE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FTE TREE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENTS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FTE TREE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENTS OR THE SERVICE WILL NOT EXCEED THE AMOUNT CUSTOMER PAID FTE TREE FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE FOREGOING MAY NOT APPLY.
20. Suspension, Termination, and Organization-Data Deletion
FTE Tree may suspend or terminate an Authorized User’s access or Customer’s organization account for a material breach of these Terms, nonpayment, fraud, misuse, a security risk, a legal requirement, or discontinuation of the Service. We will give Customer notice and, when appropriate, a reasonable opportunity to cure before suspension or termination when reasonably practicable. We may act immediately when reasonably necessary to protect the Service, Customer, other users, or third parties; prevent fraud or abuse; or comply with law.
Ending an individual Authorized User’s account ends only that person’s access unless FTE Tree or Customer expressly takes another action. It does not by itself cancel Customer’s Subscription.
Canceling renewal is the billing action described in Section 4. It prevents the next automatic renewal and ordinarily takes effect at the end of the current paid Billing Cycle. It does not by itself delete Customer’s organization data.
Ending Customer’s organization account or requesting deletion of organization data is separate from canceling a Subscription. An authorized Customer representative must contact support@ftetree.com to request organization-account closure or data deletion. FTE Tree will process a deletion request in accordance with the Privacy Policy and applicable legal, security, backup, dispute, and record-retention requirements.
Discontinuing use, signing out, or allowing all Authorized Users to become inactive does not cancel a Subscription, close Customer’s organization account, or request data deletion.
Provisions that by their nature should survive termination will survive, including payment obligations, ownership provisions, warranty disclaimers, limitations of liability, and dispute-related provisions.
21. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law provisions.
Our failure to enforce a right or provision is not a waiver of that right or provision. If a court holds a provision invalid or unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement between FTE Tree and Customer regarding the Service and supersede prior agreements about the Service, except for a separately signed agreement that expressly controls over these Terms.
22. Changes to the Service
We may improve, modify, restrict, suspend, or discontinue features of the Service, subject to the specific Subscription, fee, and Terms commitments in these Terms and any separately signed agreement that applies to Customer. Service features may evolve, and availability may be interrupted from time to time.
We may make an immediate change without advance notice when reasonably necessary to maintain or secure the Service, respond to an emergency, prevent fraud or abuse, address a third-party dependency, or comply with law. Information about a material change may be provided afterward through Service communications or documentation as appropriate.
This Section does not authorize a fee change or amendment to these Terms without following Sections 6 and 23.
23. Amendments to Terms
We may update these Terms from time to time. We will post revised Terms at https://www.ftetree.com/terms/ and update the effective date at the top of the document.
For a material change, the Service will present the revised Terms and a concise summary of the changes and require acceptance before an Authorized User continues using the Service. We will provide additional notice when required by applicable law.
If Customer does not agree to revised Terms, its Authorized Users may not continue using the Service under those revised Terms. An Authorized User with Customer billing authority may still use the direct cancellation path described in Section 4 without accepting the revised Terms.
Declining or not accepting revised Terms does not by itself cancel or refund an existing Subscription, terminate an Authorized User’s account, close Customer’s organization account, or delete organization data. Unless Customer cancels renewal, the Subscription remains scheduled to renew under its existing billing terms.
For a change that is not material and does not require fresh acceptance, Customer’s continued use of the Service on or after the revised Terms’ effective date means that Customer accepts the change.
24. Waiver and Severability
No waiver of a term or condition is a further or continuing waiver of that term or condition or a waiver of another term or condition. FTE Tree’s failure to assert a right or provision is not a waiver.
If a court or other tribunal of competent jurisdiction holds a provision invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
25. Acknowledgment
BY ACCEPTING THESE TERMS OR USING THE SERVICE ON CUSTOMER’S BEHALF, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, THAT CUSTOMER AGREES TO BE BOUND BY THEM, AND THAT YOU HAVE AUTHORITY TO BIND CUSTOMER.
26. Contact Us
Contact FTE Tree:
- By email: support@ftetree.com.
- Through our website: Contact us.
- By mail: 4967 Newport Ave, Suite 12-220, San Diego, CA 92107.