Terms of Service

1. Acceptance of Terms

By accessing or using the Focal mobile application and related services (collectively, the “Services”) provided by Focal (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any modified Terms.

2. Description of Service

Focal is a mobile productivity application that helps users manage digital distractions, schedule focus sessions, track habits, and improve personal productivity through intelligent automation. The Services include the Focal mobile application, the focusiqapp.online website, and any associated features, content, and functionality offered by Focal.

3. User Accounts

To access certain features of the Services, you may be required to create 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 credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. User Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your use of the Services and for any content you submit, post, or display through the Services. You agree not to use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services.

5. Intellectual Property

All content, features, functionality, trademarks, service marks, trade names, logos, and software associated with the Services are the exclusive property of Focal or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written consent from Focal.

6. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Services
• Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services
• Using the Services for any illegal, fraudulent, or unauthorized purpose
• Transmitting any viruses, malware, or other harmful code through the Services
• Interfering with or disrupting the integrity or performance of the Services
• Collecting or harvesting any information from the Services without our express written consent
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity

7. Subscription and Payments

Certain features of the Services may require a paid subscription. If you choose to subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Subscriptions are billed on a recurring basis (monthly or annually) unless you cancel before the end of the current billing period. Refunds are handled in accordance with the policies of the applicable app store (e.g., Apple App Store). Focal reserves the right to modify pricing at any time, with notice to existing subscribers prior to the change taking effect.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOCAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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 SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Focal and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of 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 Services caused damage to a third party.

11. Termination

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

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia for the resolution of any disputes arising out of or relating to these Terms or the Services.

13. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to take place in Falls Church, Virginia. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on our website and/or notifying you through the Services. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

16. Contact Us

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