Terms of Service

Last updated: October 21, 2026

FUTO Holdings, Inc ("FUTO") uses end-to-end encryption to provide private cloud backup and other services to users worldwide. You agree to our Terms of Service ("Terms") by creating a FUTO Account at auth.futo.cloud or by using our apps, services, or websites that work with a FUTO Account (together, "Services"). The Services include FUTO Cloud, the Immich Backup service, and any service we make available for use with a FUTO Account now or in the future.

About our Services

Minimum Age: You must be at least 13 years old to use our Services, or the age of majority in your home country if higher.

Account Registration: To create a FUTO Account you register at auth.futo.cloud with information such as your name and email address. You agree to provide accurate information and to keep it up to date.

Privacy of user data: FUTO does not sell, rent or monetize your personal data or content in any way, ever. Please read our Privacy Policy to understand how we handle the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to the United States and other countries where we have or use facilities, service providers, or partners. This includes for example, our payment processors and hosting providers.

Encryption and Your Keys: The Backup Service encrypts your backup content on your device, using keys that only you hold, before it is sent to us. We cannot read your backups, and we cannot recover them: if you lose your keys, passphrase, or recovery material, your backup data will be permanently unrecoverable, even if you can prove the account is yours. You are responsible for safeguarding your keys.

Backups: Our Services add an off site copy of your data, they are not designed to be its only copy. Keep at least one independent copy of anything important to you, and periodically verify that your backups restore correctly.

Fees and Renewal. Paid plans are billed in advance and renew automatically at the end of each billing period until you cancel. You may cancel at any time in your account settings, effective at the end of the current billing period. Payments are processed by our third-party payment processors, which collect and store your card details. We may change prices with at least 30 days' notice, effective at your next renewal. If a payment fails, we may suspend the Services after notice, and eventually delete backup data as described in "Ending these Terms."

Taxes: You are responsible for taxes associated with your purchase, which we collect where required by law.

Storage Limits: Each plan includes storage and usage limits. The Services are for genuine backup use: you may not use them as a content-distribution network or public file host, resell storage, or evade quotas or rate limits.

Software: In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services. Some of our software, including Immich, is published under open source or other licenses. Those licenses govern your use of that software code, and nothing in these Terms limits the rights they grant you.

Using FUTO Cloud

Our Terms and Policies: You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use: You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of FUTO, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) store or transmit illegal content, including any content that exploits or endangers minors; or (c) involve distributing malware or operating spam, phishing, or similar infrastructure.

Harm to FUTO: You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm FUTO, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services, systems, or other users' accounts or data; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for access to our Services.

Keeping Your Account Secure: FUTO embraces privacy by design and does not have the ability to access the content of your backups. You are responsible for keeping your devices, your FUTO Account, and your encryption keys safe and secure. Use a strong, unique password and enable two-factor authentication. If you believe your account has been compromised, contact us at support@futo.tech

Third-party services: Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services, for example our payment processor. When you use third-party services, their terms and privacy policies govern your use of those services.

Your Rights and License with FUTO

Your Rights: You own the content you store through our Services, and you must have the rights to the content you back up. So that we can operate the Services, you grant us the limited permissions needed to receive, store, copy, transmit, and back up your content, only in its encrypted form, solely to provide the Services to you and for no other purpose. These permissions end when your content is deleted from our systems.

FUTO's Rights: We own all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights associated with our Services, except software made available under open source or other licenses, which is governed by those licenses. You may not use our trademarks, domains, or logos without our written permission. To report copyright, trademark, or other intellectual property infringement, contact support@futo.tech. Because backup content is end-to-end encrypted, we cannot view or remove individual files; where the law requires action on a valid notice, our responses may be limited to account-level measures, and we may terminate the accounts of repeat infringers.

FUTO's License to You: FUTO grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

Disclaimers and Limitations

Disclaimers: YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. FUTO DOES NOT WARRANT THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS, OR THAT DATA STORED WITH OUR SERVICES WILL NOT BE LOST, CORRUPTED, OR ALTERED. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT COPIES OF YOUR DATA AND FOR SAFEGUARDING YOUR ENCRYPTION KEYS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

Limitation of liability: THE FUTO PARTIES (FUTO AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS) WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES. INCLUDING LOSS OF DATA RESULTING FROM LOST KEYS OR PASSPHRASES, EVEN IF THE FUTO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100). THE FOREGOING WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE FUTO PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Availability of Our Services: Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. If we discontinue a paid Service, we will give you reasonable advance notice and refund the prepaid, unused portion of your fees.

Resolving Disputes and Ending Terms

Resolving disputes: You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the state or federal courts located in the State of Texas, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Texas govern our Terms and any such disputes, without regard to conflict of law provisions. If you are a consumer in a jurisdiction whose laws give you a mandatory right to bring claims in your local courts or under your local law, those rights are unaffected.

Ending these Terms: You may end these Terms with FUTO at any time by canceling your subscription, deleting your FUTO Account, and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services at any time for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for FUTO. Once a cancellation takes effect at the end of the current billing period, or after termination (except where prohibited by law or in cases of serious abuse), your backup data will no longer be available for export and is then deleted from our systems within 90 days. The following provisions will survive termination of your relationship with FUTO: "Your Rights and License with FUTO," "Disclaimers and Limitations," "Resolving Disputes and Ending Terms," and "General."

General

FUTO may update the Terms from time to time. When we update our Terms, we will update the "Last updated" date associated with the updated Terms, and if the changes are material we will give you reasonable advance notice by email or within the Services. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and FUTO regarding our Services. If you do not agree with our Terms, you should cancel your subscription and stop using our Services.

If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at support@futo.tech.