In a gist, what all of the below means (blatant rip-off from TunnelBear):
- If you use Focusd, you agree to the terms.
- You can't resell Focusd.
- You can't copy how Focusd works (haha).
- You can't use Focusd for any mischievous activities.
- Sometimes things break. I do my best.
- You can't do anything illegal with Focusd.
- I reserve the right to terminate your account.
- I am not liable if something goes really wrong.
- Even if a court says otherwise, my maximum cost is the fees you have paid.
- You're on the hook for my costs if your use of the Services drags me into court.
The contract below outlines Focusd's terms of service ("the Agreement"). By using Focusd ("the Services") you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services.
Bruno Bernardino ("Focusd") reserves the right, at his sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Focusd will notify you by posting an announcement on the Focusd website. What constitutes a material change will be determined at Focusd's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using the Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
Focusd grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Focusd.
You shall not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.
You may use the service only for personal purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
3. The Service
Focusd is providing this service on an “as is, as available” basis without representation or warranty of any kind. Focusd does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Focusd will inform you of any significant changes to the service it may occasionally make. Focusd may impose usage or service limits, suspend service, or block certain kinds of usage at my sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Focusd is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
4. User Responsibilities
A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service.
Focusd may not be used to misrepresent or to act on behalf of others. All messages you transmit through the Services shall identify You as the sender. You may not:
- Alter the attribution of origin in electronic mail messages or posting
- Use the Service for anything other than lawful purposes
- Use the Services for commercial gain
- Use Focusd to mask their identity for illegal or malicious purposes
- Distribute copyright-protected material through my servers
- Take any action that results in an unreasonable load on Focusd's infrastructure
- Use any 3rd party software to interfere with or attempt to interfere with the Services
You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If Focusd is contacted with a complaint regarding or arising from your use of the Services, Focusd may deem your service usage in violation of this Agreement and terminate your account without notice.
5. Service Suspension & Termination
You agree that Focusd, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. Focusd may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
6. Cancellation & Refund Policy
While all amounts paid are non-refundable, certain refund requests for subscriptions may be considered by Focusd on a case-by-case basis and granted at the sole discretion of Focusd.
7. Disclaimer of Warranties
Focusd makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Focusd does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided by Focusd on and "as is" "as available" basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.
8. Limitation of Liability
In no event shall Focusd be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Focusd, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Focusd in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
9. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Focusd, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless Focusd, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.