Terms of Service

1. DEFINITIONS AND INTERPRETATION

For purposes of these Terms:

• "Platform" means The Forever Fund website, mobile applications, and all related services operated by KlererTech LLC.
• "Registry Owner" means an individual or individuals who create an investment gift registry on the Platform.
• "Gift Giver" or "Donor" means an individual who makes a monetary contribution through the Platform.
• "Third-Party Broker" means the account holder's chosen broker-dealer (including but not limited to Fidelity, Robinhood, and Charles Schwab) and, for those who elect optional advisor management, independent SEC-registered investment advisors and broker-dealers who provide investment services.
• "Services" means the registry creation, gift facilitation, payment processing, and related services provided through the Platform.
• "User Content" means any information, data, text, photographs, or other materials uploaded or submitted by users.

2. ACCEPTANCE OF TERMS

By accessing or using the Platform, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts;
• You are not prohibited by law from using the Services;
• All information you provide is accurate, current, and complete;
• You will maintain the accuracy of such information;
• Your use of the Services does not violate any applicable law or regulation.

3. DESCRIPTION OF SERVICES

3.1 Platform Function

The Forever Fund operates as a technology platform that facilitates the creation of investment gift registries and the collection of monetary gifts for life events including, but not limited to, weddings, baby showers, bar/bat mitzvahs, anniversaries, and other milestones. The Platform enables Registry Owners to share their registry information and Gift Givers to make monetary contributions.

3.2 Not a Financial Services Provider

IMPORTANT: KlererTech LLC and The Forever Fund are NOT:

• A broker-dealer or investment advisor;
• A bank, credit union, or depository institution;
• A securities exchange or trading platform;
• A financial planner or investment counselor;
• An insurance provider;
• Subject to regulation by the SEC, FINRA, or any state securities regulator in connection with investment services.

We are solely a technology platform that facilitates personal gift-giving. We do not provide investment advice, recommendations, or management services. All investment services are provided exclusively by independent, SEC-registered Third-Party Brokers.

3.3 Third-Party Broker Relationship

Registry Owners who select the "Investment Portfolio" payout option authorize The Forever Fund to share their registry information and gift data with our partnered Third-Party Broker. The Third-Party Broker operates independently and is solely responsible for:

• Investment account setup and management;
• Investment advice and recommendations;
• Securities transactions and portfolio management;
• Compliance with all applicable securities laws and regulations;
• Customer identification and anti-money laundering procedures;
• Account statements and tax reporting.

The relationship between Registry Owners and Third-Party Brokers is governed by separate agreements between those parties. We are not a party to such agreements and assume no responsibility for the Third-Party Broker's services, advice, or performance.

4. USER ACCOUNTS AND REGISTRATIONS

4.1 Account Creation

To create a registry, you must provide accurate and complete information including your full legal name, email address, phone number, and event details. You agree to promptly update your information if it changes.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account;
• Notifying us immediately of any unauthorized access or security breach;
• Ensuring that only authorized individuals access your registry management features.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason including but not limited to violation of these Terms, fraudulent activity, or as required by law. Upon termination, your right to use the Services immediately ceases.

5. FEES AND PAYMENT TERMS

5.1 Platform Fees

The Forever Fund charges the following fees:

• Standard Platform Fee: 3.9% of each gift amount, deducted automatically from all gifts received;
• Cash Payout Fee: An additional 6.5% fee applies to Registry Owners who select the cash payout option (total effective fee: 10.4%);
• Payment Processing Fees: Third-party payment processor fees (currently Stripe) are included in the platform fee.

5.2 Fee Disclosure and Acknowledgment

All fees are clearly disclosed during the registry creation process and must be acknowledged by the Registry Owner through electronic signature before the registry becomes active. By accepting these Terms and proceeding with registry creation, you acknowledge understanding and agreement to all applicable fees.

5.3 Third-Party Broker Fees

Third-Party Brokers may charge separate fees for investment management services. These fees are set by the Third-Party Broker, disclosed in their separate agreements, and are not controlled by or payable to The Forever Fund. We do not receive any portion of Third-Party Broker fees.

5.4 No Refunds for Platform Fees

Platform fees are non-refundable once a gift is processed. Gift Givers may be entitled to refunds under our separate Refund Policy. Registry Owners acknowledge that platform fees are deducted before any refund is processed.

5.5 Fee Changes

We reserve the right to modify our fee structure at any time. Fee changes will apply only to registries created after the effective date of the change. Existing registries will retain the fee structure in effect at the time of creation.

6. PAYMENT PROCESSING

6.1 Third-Party Payment Processor

All payments are processed through Stripe, Inc., a third-party payment processor. By using the Platform, you agree to be bound by Stripe's Services Agreement (available at https://stripe.com/legal) and any other policies applicable to your use of Stripe's services.

6.2 Payment Authorization

Gift Givers authorize us to charge their designated payment method for the full gift amount. By submitting payment information, you represent that you are authorized to use the payment method and authorize us to charge it.

6.3 Payment Disputes

Payment disputes, chargebacks, or payment failures are handled in accordance with Stripe's policies and applicable law. We reserve the right to suspend or terminate registries associated with fraudulent or disputed transactions.

6.4 ACH Transfers for Cash Payouts

Registry Owners selecting cash payout must provide accurate bank account information for ACH transfer. By providing this information, you authorize us to deposit funds into the designated account. You acknowledge that ACH transfers may take 3-7 business days to complete and are subject to bank processing times and holds.

7. INVESTMENT DISCLAIMERS AND RISK WARNINGS

7.1 General Investment Risks

7.2 No Investment Advice

Nothing on the Platform constitutes investment, financial, legal, or tax advice. Any stock or ETF selections offered on the Platform are for informational purposes only and do not constitute recommendations. Registry Owners are solely responsible for their investment choices and should consult with qualified professionals before making investment decisions.

7.3 No Performance Guarantees

We make no representations or warranties regarding investment performance, returns, or outcomes. Any projections, estimates, or examples of historical returns shown on the Platform are hypothetical, illustrative only, and do not guarantee future performance.

7.4 Market Volatility

Securities markets are subject to volatility and may decline significantly in value. Registry Owners acknowledge that investments may lose value and accept full responsibility for any investment losses.

7.5 Tax Implications

Gifts received through the Platform may have tax implications for both Gift Givers and Registry Owners. We do not provide tax advice. Users are responsible for understanding and complying with all applicable tax laws and should consult with qualified tax professionals.

8. PROHIBITED USES AND CONDUCT

8.1 Prohibited Activities

You agree not to:

• Use the Platform for any fraudulent, illegal, or unauthorized purpose;
• Create false or misleading registries;
• Impersonate any person or entity;
• Use the Platform for crowdfunding, charitable solicitation, or commercial fundraising;
• Engage in money laundering or terrorist financing;
• Violate any applicable federal, state, or local laws or regulations;
• Attempt to circumvent any security features or access restrictions;
• Interfere with or disrupt the Platform's operation;
• Use automated systems (bots, scrapers, etc.) to access the Platform;
• Transmit viruses, malware, or other harmful code;
• Collect or harvest user information without consent;
• Engage in any form of harassment, abuse, or threatening behavior;
• Create registries for events that have already occurred;
• Use the Platform to solicit gifts for business purposes or commercial ventures.

8.2 Enforcement

Violation of these prohibitions may result in immediate termination of your account, forfeiture of funds, reporting to law enforcement, and legal action to recover damages.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Platform Ownership

The Platform, including all content, features, functionality, software, code, design, graphics, logos, and trademarks, is owned by KlererTech LLC and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose in accordance with these Terms. This license does not include any right to:

• Reproduce, modify, or create derivative works;
• Distribute, sell, lease, or sublicense;
• Reverse engineer, decompile, or disassemble;
• Remove or alter proprietary notices;
• Use for any commercial purpose not expressly authorized.

9.3 User Content

You retain ownership of User Content you submit. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content for purposes of operating the Platform and providing Services. You represent and warrant that you own or have necessary rights to all User Content and that such content does not infringe any third-party rights.

9.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform become our property. We may use such feedback without compensation or attribution.

10. PRIVACY AND DATA PROTECTION

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

Registry Owners who select the Investment Portfolio option specifically authorize us to share their personal information, registry details, and gift data with our Third-Party Broker for purposes of account setup and ongoing portfolio management. This authorization includes consent for the Third-Party Broker to contact you directly and for us to maintain view-only access to portfolio information for platform support and recordkeeping purposes.

11. DISCLAIMERS AND WARRANTIES

11.1 "AS IS" Basis

11.2 No Warranty of Accuracy or Reliability

We do not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free;
• Any defects or errors will be corrected;
• The Platform is free from viruses or harmful components;
• Information on the Platform is accurate, complete, or current;
• Results obtained from use of the Platform will be reliable or meet your requirements.

11.3 Third-Party Services Disclaimer

We make no representations or warranties regarding Third-Party Broker services, payment processing services, or any other third-party services accessed through the Platform. Your use of such services is at your sole risk and subject to the third party's terms and conditions.

11.4 No Guarantee of Outcomes

We do not guarantee that you will receive any specific amount of gifts, that investments will perform in any particular manner, or that the Services will meet your expectations or needs.

12. LIMITATION OF LIABILITY

12.1 Cap on Direct Damages

Our total liability to you for any damages arising from or related to these Terms or your use of the Platform shall not exceed the greater of (a) the total platform fees paid by you in the six months preceding the claim, or (b) $100.00.

12.2 Specific Exclusions

We are not liable for:

• Investment losses or poor investment performance;
• Actions or omissions of Third-Party Brokers;
• Payment processing errors or delays;
• Unauthorized access to your account resulting from your failure to maintain security;
• Tax consequences of gifts or investments;
• Loss of data or content;
• Technical failures, downtime, or service interruptions;
• Acts of Gift Givers or other third parties.

12.3 State-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KlererTech LLC, The Forever Fund, and our officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights;
• Your User Content;
• Your use or misuse of the Platform;
• Any fraudulent or illegal activity by you;
• Any dispute between you and a Third-Party Broker or other users.

This indemnification obligation survives termination of these Terms and your use of the Platform.

14. DISPUTE RESOLUTION AND ARBITRATION

14.1 Mandatory Arbitration

14.2 Arbitration Procedures

Any arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be held in New York, New York, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information. Additionally, claims that qualify for small claims court may be brought in small claims court.

14.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate as a plaintiff or class member in any class action, collective action, private attorney general action, or consolidated proceeding.

14.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. The opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

15. GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising from or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York, and waive any objection to venue or inconvenient forum.

16. MODIFICATIONS TO TERMS

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. If we make material changes, we will provide notice by:

• Posting the updated Terms on the Platform with a new "Last Updated" date;
• Sending email notification to registered users (where feasible);
• Displaying a prominent notice on the Platform.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you must cease using the Platform immediately.

Changes to fee structures will only apply to registries created after the effective date of the change and will not retroactively affect existing registries.

17. TERMINATION

17.1 Termination by You

You may terminate your account at any time by contacting us at support@klerertech.com. Upon termination, your registry will be deactivated and you will no longer be able to receive gifts through the Platform.

17.2 Termination by Us

We may suspend or terminate your account and access to the Platform immediately, without prior notice, for any reason including but not limited to:

• Breach of these Terms;
• Suspected fraudulent, illegal, or unauthorized activity;
• Extended periods of inactivity;
• As required by law or court order;
• To protect the security or integrity of the Platform;
• To protect our rights or the rights of other users.

17.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform immediately ceases;
• We may delete your account and User Content;
• Any outstanding obligations or liabilities remain in effect;
• Sections of these Terms that by their nature should survive (including disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive termination.

18. MISCELLANEOUS PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and KlererTech LLC regarding the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

18.5 No Third-Party Beneficiaries

These Terms are solely for the benefit of the parties and do not create any third-party beneficiary rights, except that Third-Party Brokers and payment processors may enforce provisions protecting their interests.

18.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.8 Language

These Terms are drafted in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

18.9 Electronic Communications

You consent to receive electronic communications from us, including emails, notices posted on the Platform, and messages through your account. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. Electronic signatures shall have the same legal effect as handwritten signatures.

19. REGULATORY COMPLIANCE

19.1 Anti-Money Laundering

We comply with applicable anti-money laundering (AML) and know-your-customer (KYC) regulations. We reserve the right to request identification documents and other information to verify your identity. We may refuse service or suspend accounts if we suspect money laundering, terrorist financing, or other illegal activity.

19.2 Gift Tax Considerations

Gift Givers and Registry Owners are responsible for understanding and complying with federal and state gift tax laws. Under current federal law, individual gifts exceeding $18,000 per year (as of 2024, subject to annual adjustment) may have gift tax reporting requirements. We do not provide tax advice and recommend consulting with a qualified tax professional.

19.3 International Users

The Platform is operated from the United States and is intended for users in the United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

20. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us at: