Terms of Service for Futuro Analytics

Effective Date: January 7, 2025 | Last Updated: January 7, 2025

These Terms of Service ("Terms") govern your access to and use of the Futuro Analytics mobile application (the "App"), provided by Futuro Corporation ("we," "our," or "us"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

Acceptance of Terms

By creating an account, accessing, or using Futuro Analytics, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Futuro Corp. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Service

Futuro Analytics is a mobile application that provides analytics and performance insights for conversational AI agents powered by ElevenLabs. The App allows you to monitor call metrics, review conversation transcripts, analyze agent performance, and access detailed analytics data associated with your ElevenLabs agent ID. The service includes real-time data retrieval, customizable reporting periods, performance visualizations, and notification features.

Account Registration and Security

Account Creation

To use Futuro Analytics, you must create an account by providing a valid email address and password. You must also have a valid ElevenLabs agent ID associated with your 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.

Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your email address and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials. You are solely responsible for all activities that occur under your account, whether or not authorized by you.

Account Eligibility

You must be at least 18 years of age to create an account and use the App. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Acceptable Use

You agree to use Futuro Analytics only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

Intellectual Property Rights

Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Futuro Corp, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal or internal business purposes. This license does not include any right to: (a) resell or make any commercial use of the App or its contents; (b) modify or make derivative works based upon the App or its contents; (c) download or copy account information for the benefit of another party; or (d) use any data mining, robots, or similar data gathering or extraction methods.

Trademarks

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

User Feedback

If you provide us with any feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to compensate you.

Third-Party Services and Content

ElevenLabs Integration

Futuro Analytics retrieves analytics data from ElevenLabs API services. Your use of ElevenLabs services is governed by ElevenLabs' terms of service and privacy policy. We are not responsible for ElevenLabs' services, content, or any changes to their API that may affect the functionality of our App. You must maintain an active ElevenLabs account with a valid agent ID to use Futuro Analytics.

Third-Party Links

The App may contain links to third-party websites, services, or resources that are not owned or controlled by Futuro Corp. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

Data and Analytics

Data Retrieval

The App retrieves analytics data from ElevenLabs API services in real-time based on your agent ID. We do not guarantee the accuracy, completeness, or timeliness of the data provided by ElevenLabs. The analytics and insights displayed in the App are based on data provided by ElevenLabs and processed by our algorithms. While we strive for accuracy, we make no warranties regarding the accuracy or reliability of such analytics.

Data Ownership

You retain all rights to the data associated with your ElevenLabs agent ID. We do not claim ownership of your conversational AI data, call transcripts, or analytics information. However, by using the App, you grant us a limited license to access, retrieve, and display this data within the App for the purpose of providing our services to you.

Data Privacy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. By using the App, you consent to our data practices as described in the Privacy Policy.

Fees and Payment

Futuro Analytics is currently provided free of charge. We reserve the right to introduce fees for the App or certain features in the future. If we decide to charge fees, we will provide you with advance notice and an opportunity to accept or decline the new terms. Your continued use of the App after the introduction of fees will constitute acceptance of such fees.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. FUTURO CORP, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (A) THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUTURO CORP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE APP; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Limitation of Damages

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUTURO CORP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Futuro Corporation, 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: (a) your violation of these Terms; (b) your use of the App, including but not limited to your user content, any use of the App's content, services, and products other than as expressly authorized in these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the App caused damage to a third party.

Termination

Termination by You

You may terminate your account at any time by contacting us at support@futurocorp.com and requesting account deletion. Upon termination, your right to use the App will immediately cease.

Termination by Us

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease, and we may delete your account and any associated data.

Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@futurocorp.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Futuro Corp may bring a formal proceeding.

Arbitration Agreement

You and Futuro Corp agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.

Class Action Waiver

YOU AND FUTURO CORP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Futuro Corp agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Governing Law and Jurisdiction

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Hillsborough County Florida for the purpose of litigating all such claims or disputes that are not subject to arbitration.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by:

Your continued use of the App after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the App and may terminate your account.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Futuro Corp regarding the use of the App and supersede all prior and contemporaneous written or oral agreements between you and Futuro Corp.

Waiver and Severability

No waiver by Futuro Corp of any term or condition set forth in these Terms 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 Futuro Corporation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, civil unrest, strikes, or government actions.

Notices

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to us at support@futurocorp.com. Notices to you may be made via email to the address associated with your account or through postings on the App. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Export Control

The App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Futuro Corp, or any products utilizing such data, in violation of the United States export laws or regulations.

Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Futuro Corp. You have no authority to bind Futuro Corp in any manner whatsoever.

Contact Information

If you have any questions about these Terms, please contact us:

We will respond to your inquiry within a reasonable timeframe.

Futuro Corporation
Last Updated: January 7, 2025

Acknowledgment: By using Futuro Analytics, you acknowledge that you have read these Terms of Service and agree to be bound by them.