Terms of Use of Futurwise

Last updated: May 18, 2024

TL;DR

The most important items from the Terms of Use are:

1. Personalized summaries: URLs submitted to Futurwise for a personalized summary of set URL understand that these summaries are auto-generated by a Large Language Model (LLM) and have not been checked by a human. Consequently, there can be errors in the summary. Summaries should not be used for decision-making purposes and Futurwise is not responsible for and consequences if the summaries are used in any decision-making process.
2. User Age Restrictions: Users under 13 are prohibited; those under 18 require parental consent.
3. Account Security: Users are responsible for maintaining the security of their account information.
4. Fees and Payment Terms: Access to certain features of the app, like the personalized summaries, may require payment, which includes monthly subscription fees.
5. Use Restrictions and Liability: Prohibits unauthorized or harmful use of the app and limits the Company’s liability for damages related to app usage.

However, please read the full Terms of Use before you decide to use the application.

Acceptance of Terms of Use

These terms of use are entered into by and between You and Think Squared Pty Ltd trading as Futurwise (“Futurwise”, “Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use our online platform, including any content, functionality and services offered on or through Futurwise.com (“Futurwise”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Futurwise. By using Futurwise, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Futurwise.

No one under 13 is allowed to create an account or use Futurwise. If you are under 18, you may only use Futurwise with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using Futurwise.

Personalized Summaries

Futurwise is an app created by Futurwise for the sole purpose of offering hyper-personalized summaries of content from the web. Users can submit a URL to the app and Futurwise will turn it into a personalized summary. A user should only submit content to the Futurwise App if it is a public document/article/podcast/video/report or if the user holds the rights to such content to consume it (for example by paying a fee to the original publisher). 

All summaries are auto-generated using a Large Language Model and are not supervised by humans. You should not rely on any statements, representations, or information provided by these summaries for any purpose, including but not limited to decision-making, personal, financial, medical or legal matters. Futurwise disclaims any responsibility or liability arising from your reliance on the (personalized) summaries or its actions or statements.

Content that users save to Futurwise to obtain a personalized summary may be included in the public feed that all users receive. Futurwise is not responsible for any content that users submit to Futurwise and ends up in the public feed available to all users. Futurwise has implemented measures to ensure no harmful content is included in the feed but cannot guarantee that this will not happen at all times. Futurwise disclaims any responsibility or liability arising from harmful content appearing in the Futurwise Feed.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Futurwise thereafter.

Your continued use of Futurwise following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access Futurwise so you are aware of any changes, as they are binding on you.

Accessing Futurwise and Account Security

We reserve the right to discontinue or alter Futurwise, and any content we provide on Futurwise, in our sole discretion without notice. We will not be liable if for any reason all or any part of Futurwise is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Futurwise, or Futurwise entirely.

To access Futurwise, its mobile app or some of the resources it offers, you will have to create an account (an “Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You accept responsibility for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Futurwise or portions of it using your user name, password or other security information. Account and password sharing is strictly prohibited. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Futurwise are the trademarks of their respective owners.

Acceptable Use Policy.

You agree not to engage in any of the following prohibited activities: (i) providing any false or fraudulent information or documentation or providing information or documentation for any other improper purpose, whether for yourself, your business, or a third party; (ii) copying, distributing, making available, providing access to, or disclosing any part of Futurwise in any medium, including, without limitation, by any automated or non- automated “scraping”; (iii) copying, modifying, adapting, translating, preparing derivative works from, reverse engineering, disassembling, or decompiling Futurwise or the Futurwise apps or otherwise attempting to discover any proprietary source code or trade secrets related to Futurwise; (iv) using the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with Futurwise for any purpose without the express written consent of Futurwise; (v) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Futurwise in a manner that sends more request messages to the servers running Futurwise than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Futurwise grants the operators of public search engines revocable permission to use spiders to copy publicly-available materials from Futurwise for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials or use such materials to train any artificial intelligence (AI0, machine learning or Large Langua model); (vi) transmitting spam, chain letters, or other unsolicited email; (vii) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running Futurwise; (viii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ix) uploading invalid data, viruses, worms, or other software agents through Futurwise; (x) collecting or harvesting any personal information from Futurwise; (xi) using Futurwise for any commercial solicitation purposes; (xii) interfering with the proper working of Futurwise; (xiii) accessing any content on Futurwise through any technology or means other than those provided or authorized by Futurwise; or (ix) bypassing the measures we may use to prevent or restrict access to Futurwise, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Futurwise or the content therein.

You further agree not to post User Content (as defined below) that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.

Additionally, you agree not to:

• Use Futurwise in any manner that could disable, overburden, damage, or impair the site, app or platform or interfere with any other party’s use of Futurwise, including their ability to engage in real time activities through Futurwise.
• Use any robot, spider or other automatic device, process or means to access Futurwise for any purpose, including monitoring or copying any of the material on Futurwise.
• Use any manual process to monitor or copy any of the material on Futurwise, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of Futurwise.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Futurwise, the server on which Futurwise is stored, or any server, computer or database connected to Futurwise.
• Attack Futurwise via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of Futurwise.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Content for any or no reason at our sole discretion.
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Futurwise or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Futurwise.
• Terminate or suspend your access to all or part of Futurwise for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Futurwise. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on Futurwise, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Payment and Fees

Certain aspects of Futurwise may be provided for a subscription fee. If you elect to use paid aspects of Futurwise, you agree to the pricing and payment terms we make available on Futurwise and within the Futurwise App. Futurwise operates multiple subscriptions schemes, which are either charged monthly or annually. If you decide to cancel your subscription, you will not be liable for a refund but you will be able to use the Services until the end of your paid subscription period.

You acknowledge and agree that any offers made available through Futurwise are subject to change at any time and from time to time. Without limiting the generality of the foregoing, we may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to the pricing will become effective in the billing cycle following notice of such change to you as provided in these Terms.

IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION ON YOUR SETTINGS PAGE IN ADVANCE OF THE NEXT MONTHLY RENEWAL. ANY CANCELLATION WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU SUBMIT YOUR CANCELLATION. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION, AS APPLICABLE, AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Links from Futurwise

If Futurwise contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links or content provided by users for the purpose of creating a personalized summary. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party site linked to Futurwise, you do so entirely at your own risk and subject to the terms and conditions of use for such site.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that URLs or files available for downloading from the internet or Futurwise will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF FUTURWISE OR ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY FUTURWISE LINKED TO IT.

YOUR USE OF FUTURWISE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE IS AT YOUR OWN RISK. FUTURWISE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF FUTURWISE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT FUTURWISE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT FUTURWISE OR ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, FUTURWISE, ANY SITES LINKED TO IT, ANY CONTENT ON FUTURWISE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH FUTURWISE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Futurwise, including, but not limited to, your User Content, any use of Futurwise’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Futurwise.

Governing Law and Jurisdiction

All matters relating to Futurwise and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule (whether of United States or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Futurwise shall be instituted exclusively in the courts of Delaware, USA although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of Futurwise, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the “Arbitration Rules” of the American Arbitration Association (AAA) applying USA law.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Futurwise with respect to Futurwise and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Futurwise.

DMCA NOTICE

Since we respect artist and content owner rights, our policy is to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on Futurwise;
• Information reasonably sufficient to permit Futurwise to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have 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;
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner;

The above information must be submitted to the following DMCA Agent:

Your Comments and Concerns

Futurwise is operated by Think Squared Pty Ltd.

All other feedback, comments, requests for technical support and other communications relating to Futurwise should be directed to: [email protected].