Terms of Use and End User License Agreement
Last updated: April 2025
Before entering any answers in our quiz or making any purchases, you must read this document carefully. A general description of our services is provided below in Section “IV. GENERAL TERMS”. If you do not agree with any of the terms, you will not be able to enter any answers in the quiz or make any purchases.
I. INTRODUCTION
These Terms of Use and End User License
Agreement (collectively, the “Agreement”), together with all
referenced documents, constitute a legally binding agreement between
you as an individual (“you,” “your,” or “user”) and AIBY Inc. (“we,”
“us,” or “our”), regarding your access to and use of the web pages
available at the domain "https://futurio.app/" (hereinafter, the
'Website'), as well as your purchases of subscriptions and other
optional features related to the App.
All the documents that
relate to the Website are hereby expressly incorporated herein by
reference.
Please carefully read this Agreement before using
the Website or making any purchases.
It is important that you
read and understand this Agreement as by using the Website or making
any purchases you indicate that you have read, understood, agreed
and accepted the Agreement. By using the Website or making any
purchases you agree to abide by this Agreement.
If you do not
agree with this Agreement or any of its provisions, you are not
authorized to access or use the Website, and you must promptly
discontinue any access, use, or purchases.
Note that the
present Agreement governs only the use of the Website and
does not regulate the use of Futurio: Horoscope & Astrology
mobile App introduced on the Website
(hereinafter, the “App”). Therefore, if you want to learn the rules
and regulations applicable to the App introduced on the Website,
please visit the corresponding App (for iOS) Terms of Use.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE WEBSITE
The Website is not intended for children. Therefore, we do not
knowingly or intentionally collect or solicit any personal
information from children. For the purposes of this section the
terms “child” and/or “children” in the context of data processing
activities may be interpreted on a case-by-case basis as prescribed
by applicable data protection laws. No one who is considered a
“child” under applicable data protection laws is allowed to directly
provide any personal information to the Website.
As a general
rule we consider a person under the age of 16 to be regarded as “a
child” until we have legal grounds to conclude that a person under
16 should be treated as an adult as per provisions of local data
protection rules or based on the parent authorization provided to us
directly.
Solely the holders of parental responsibility are
liable for preventing their children from providing personal
information via the Website without relevant verifiable parental
consent. If we learn that we have collected personal information
from a child without verification of parental consent, we will erase
that information as quickly as possible. If you reasonably believe
that we might have any information from or about a child, or a child
has directly provided us with personal information via the Website
without verifiable parental consent, please contact us.
IV. GENERAL TERMS
The Website is developed for general
information and promotional purposes. On our Website, you can take a
quiz and, based on your answers, receive a result as described in
the quiz after completing a purchase on the final page. Other
offerings or different options may also be available on the Website.
The descriptions and terms of the offerings available on the Website
shall prevail.
Please be informed that the quiz data is used to provide for you
tailored services in the App or related offerings, and these
results are not provided for free. Typically, after completing a
quiz on the Website, you will be presented with a paid offering
based on your quiz results, which will be used to provide for you
tailored services or to tailor other offerings (if you choose to
purchase it).
The Website provides information about the App (including
descriptions of its functionalities, subscription plans, guides,
etc.) and allows users to purchase tailored subscriptions and make
other optional purchases related to the App's features. All
offerings are available under the terms described on the Website and
in this Agreement. Only the offers listed on the Website are
available for purchase.
The Website is intended only for your personal non-commercial use. You shall use the Website only for the purposes mentioned above. You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us.
Accordingly, we have developed the Privacy Policy in order for you
to understand how we process, use and store information including
personal data. Access to and use of the Website are subject to the
Privacy Policy. By accessing and using the Website, you are deemed
to have accepted the Privacy Policy, and in particular, you are
deemed to have acknowledged the ways we process your information as
well as appropriate legal grounds for processing described in the
Privacy Policy. We reserve the right to amend the Privacy Policy
from time to time. If you disagree with any part of the Privacy
Policy, you must immediately stop accessing and(/or) using the
Website. Please read our
Privacy Policy
carefully.
VI. END USER LICENSE AGREEMENT
By using the Website, you undertake to
respect our intellectual rights (intellectual rights related to the
Website’s source code, graphic design, user interface, look and feel
of the Website, content material, copyright and trademarks,
hereinafter referred to as the “Intellectual Property Rights”) as
well as those owned by third parties.
As long as you keep using
the Website, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable, non-assignable and revocable
right to access and use the Website pursuant to this Agreement (the
“License”).
You may use our Website, as well as purchased guides and other
works sent to you via email, solely for your own non-commercial
purposes. You must respect the copyrighted and trademarked
material on the Website and related to purchases. You may not sell
pictures, articles, videos, or other materials available on the
Website, nor any purchased guides or other works sent to you via
email.
The source code, design, and content, including information,
photographs, articles, illustrations, artwork, and other graphic
materials, sounds, music, or video (hereinafter referred to as the
“works”), as well as purchased guides and other works sent to you
via email, along with names, logos, and trademarks (hereinafter
referred to as 'means of individualization') within the Website, are
protected by copyright, other relevant laws, and/or international
treaties, and belong to us, our partners, or contracted third
parties, as applicable.
It is prohibited to use purchased guides and other works sent to
you via email for any commercial purpose without our written
permission.
These works and means of individualization may not be copied,
reproduced, retransmitted, distributed, disseminated, sold,
published, broadcasted or circulated whether in whole or in part,
unless expressly permitted by us and/or our partners and/or
contracted third parties, as the case may be.
All rights, title
and interest in and to the Website and its content, works and means
of individualization as well as its functionalities (1) are the
exclusive property of AIBY Inc. and/or our partners and/or
contracted third parties, (2) are protected by the applicable
international and national legal provisions, and (3) are under no
circumstances transferred (assigned) to you in full or in part
within the context of the License herewithin.
We will not
hesitate to take legal action against any unauthorized use of our
works, trademarks, names or symbols to protect and restore our
rights. All rights not expressly granted herein are reserved. Other
product and company names displayed on the Website or mentioned
herein may also be the trademarks of their respective owners.
VII. PROHIBITED BEHAVIOR
You agree not to use the Website in any way
that:
- is unlawful, illegal or unauthorized;
- is
defamatory of any other person;
- is obscene or offensive;
-
infringes any copyright, database right or trademark of any other
person;
- advocates, promotes or assists any unlawful act such
as (by way of example only) copyright infringement or computer
misuse.
You shall not modify, translate into other languages,
reverse engineer, decompile, disassemble or otherwise create
derivative works from the Website or any documentation concerning
the Website or our services, as well as purchased guides and other
works sent to you via email. It is prohibited to use purchased
guides and other works sent to you via email for any commercial
purpose without our written permission.
You shall not transfer,
lend, rent, lease, distribute the Website, or use it for providing
services to a third party, or grant any rights to the Website or any
documentation concerning the Website to a third party.
The
misuse of any trademarks or other content displayed on the Website,
as well as purchased guides and other works sent to you via email,
is prohibited.
You shall not copy and/or duplicate and/or
distribute and/or publish and/or use any content in the Website, as
well as purchased guides and other works sent to you via email,
directly or indirectly, by way of a violation of our Intellectual
Property Rights.
Moreover, you shall not make any attempts to
use the Website or part thereof for malicious intentions.
Also
we are not responsible for the way you use the Website.
It is
clarified that we may adopt, against a user who violated the present
Agreement, any legal measures at our disposal pursuant to the
applicable laws.
VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
In order to use the Website, you are required
to have a compatible electronic device (computer, mobile phone or
tablet) and Internet access. In some cases, you may need to provide
a valid email address to which we can send guides and other works
related to your purchases.
We do not warrant that the Website
will be compatible with all hardware and software which you may
use.
We make no warranty that your access to the Website will
be uninterrupted, timely or error-free.
You acknowledge that
the Website is provided via the Internet, therefore, the quality and
availability of the Website may be affected by factors outside our
reasonable control.We may add new features to the Website, change,
update, upgrade, modify it or anything described in it without
noticing you. If the need arises, we may suspend access to the
Website, or close it indefinitely.
You also warrant that any
information that you submit or send us via the Website is true,
accurate and complete.
If you decide not to use the Website for
any reason you should stop accessing the Website.
IX. CHARGES
To learn more about purchases, free trial
periods, how to cancel your subscription, payment methods, our
refund policy, etc. visit our
Subscription Additional Purchases Terms
X. THIRD PARTY WEBSITES AND RESOURCES
The Website as well as purchased guides and other works sent to you
via email may link you to other sites on the Internet and contracted
third parties to provide you certain services. We have no control
over and accept no responsibility for the content of any website or
mobile application to which the Website or purchased guides and
other works sent to you via email may link (unless we are the
provider of those linked websites or applications). Such linked
third party websites and mobile applications are provided “as is”
for your convenience only with no warranty, express or implied, for
the information provided within them.
You acknowledge sole
responsibility for and assume all risk arising from your use of any
third party websites or resources.
If you have any queries,
concerns or complaints about such third party websites or mobile
applications (including, but not limited to, queries, concerns or
complaints relating to products, orders for products, faulty
products and refunds) you must direct them to the operator of that
third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL
BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS,
INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE
PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE
MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED
PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE
AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER
DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE
WEBSITE AND SERVICES PROVIDED BY THE WEBSITE AS WELL AS BY THE
PURCHASED GUIDES AND OTHER WORKS SENT TO YOU VIA EMAIL. WE SHALL NOT
BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR
REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO
PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY
THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER
MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR
COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL
ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY
COUNTRY.
Please note that all content available on or through
the Website, as well as purchased guides and other works sent to you
via email, is provided for general information and promotional
purposes only. Such content is not intended to be and is not a
substitute for any professional advice. AIBY Inc. expressly
disclaims and you expressly release AIBY Inc. from any and all
liabilities arising from any claim, loss, injury and/or damage
resulting from your use of any content available within or through
the Website, as well as purchased guides and other works sent to you
via email.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you
are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties.
XIV. GOVERNING LAW AND CLAIMS
Choice of law and choice of forum clauses.
The present Agreement shall be governed by and interpreted,
construed in accordance with the laws of the state of Florida,
USA.
All disputes and claims, suits, causes of action or
proceedings between the parties to this Agreement, whether sounding
in contract, tort, equity, law, or otherwise, including those
arising out of or related to this Agreement, inter alia, pertinent
to its performance, alleged breach shall be (i) governed by,
construed in accordance with substantive and procedural laws of the
state of Florida, USA, excluding and without giving effect to its
choice of law provisions; and (ii) shall be exclusively decided by
the courts of competent jurisdiction of the state of Florida, USA,
to the exclusion of other courts and fora.
We make no
representations that the Website is appropriate or available for use
outside of the USA. Those who access or use the Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
If you choose to access or use the
Website from or in locations outside of the United States, you are
responsible for:
a) ensuring that what you are doing in that
country is legal; and
b) the consequences and compliance by you
with all applicable laws, regulations, bylaws, codes of practice,
licenses, registrations, permits and authorizations.
Class Action Waiver.
WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM
US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR
PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR
PROCEEDINGS.
If any controversy, allegation, or claim
(including non-contractual claims) arises out of or relates to the
Website, the services provided by the Website, purchased guides and
other works sent to you via email, or this Agreement, you and we
agree to send each other written notice of the dispute, including a
reasonable description and a proposed resolution. The notice shall
be sent based on the most recent contact information. For a period
of sixty (60) days from the date of receipt of notice from the other
party, you and us will engage in a dialogue in order to attempt to
resolve the dispute, though nothing will require either you or us to
resolve the dispute on terms which either you or us, in each of our
sole discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this
Agreement at any time at our sole discretion for any reason.
Upon
any termination, (a) the rights and licenses granted to you herein
shall terminate; (b) you must cease all access and/or use of the
Website and(or) purchased guides and other works sent to you via
email.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes
illegal, invalid or unenforceable in any respect, that provision
shall be more narrowly construed so that it becomes legal, valid and
enforceable or, if this is not possible, deleted. The other terms of
this Agreement shall continue to apply with full force and
effect.
You shall not assign or transfer or purport to assign
or transfer the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to your
requests, questions, commentaries or suggestions. For these
purposes, you can contact us through the
“Contact Us” form
available on the Website or via email at
[email protected].