Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FocusFlowAI, Inc., a Delaware corporation ("FocusFlowAI," "Company," "we," "us," or "our"). These Terms govern your access to and use of the FocusFlowAI desktop application, web application, website, and all related services (collectively, the "Services").

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to both you individually and that organization.

2. Eligibility

To use our Services, you must be at least 16 years of age and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are under 18 years of age, you represent that you have obtained parental or guardian consent to use the Services.

You may not use the Services if you have been previously suspended or removed from the Services, or if your use of the Services would violate any applicable law or regulation.

3. Account Registration and Security

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

4. Description of Services

FocusFlowAI provides a productivity intelligence platform that helps individuals and teams understand and optimize their work patterns. Our Services include:

• A desktop application that monitors application usage to provide productivity insights
• A web dashboard displaying analytics, focus metrics, and personalized recommendations
• AI powered scheduling suggestions and calendar optimization features
• Team analytics and reporting features for enterprise customers
• Integration with third party calendar and productivity tools

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Subscription Plans and Payments

5.1 Free Trial

We may offer a free trial period for certain subscription plans. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends. You will be charged the applicable subscription fee upon conversion.

5.2 Subscription Fees

Paid subscription plans are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are quoted in United States Dollars (USD) unless otherwise specified. Subscription fees are non refundable except as expressly set forth in these Terms or as required by applicable law.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You authorize us to charge your designated payment method for the renewal subscription fee. We may change subscription fees upon reasonable notice, and such changes will take effect at your next renewal period.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Services until then. No refunds or credits will be provided for partial subscription periods.

5.5 Payment Processing

All payments are processed through Stripe, Inc., our third party payment processor. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge that payment method for all fees incurred. Your payment information is subject to Stripe's terms of service and privacy policy.

6. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, servers, or networks connected to the Services
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services
• Use the Services to collect or harvest any personally identifiable information from other users
• Impersonate or attempt to impersonate FocusFlowAI, a FocusFlowAI employee, another user, or any other person or entity
• Use the Services for any commercial purpose not expressly permitted by these Terms
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and their entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by FocusFlowAI, 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.

7.2 License to Use Services

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 Services for your personal or internal business purposes. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

7.3 Your Content

You retain ownership of any data, information, or other content you provide or make available through the Services ("Your Content"). By using the Services, you grant us a worldwide, non exclusive, royalty free license to use, process, and analyze Your Content solely for the purpose of providing and improving the Services.

8. Third Party Services and Links

The Services may integrate with or contain links to third party websites, applications, or services that are not owned or controlled by FocusFlowAI. 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 FocusFlowAI 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. 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. NEITHER FOCUSFLOWAI NOR ANY PERSON ASSOCIATED WITH FOCUSFLOWAI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER FOCUSFLOWAI NOR ANYONE ASSOCIATED WITH FOCUSFLOWAI REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOCUSFLOWAI 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.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOCUSFLOWAI, 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, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, 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.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOCUSFLOWAI ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO FOCUSFLOWAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOCUSFLOWAI AND YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless FocusFlowAI, 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 or your use of the Services, including, but not limited to, Your Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

12.2 Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Wilmington, Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12.3 Class Action Waiver

YOU AND FOCUSFLOWAI 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 FocusFlowAI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13. Termination

We may terminate or suspend your account and access to the Services 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 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.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. General Provisions

15.1 Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and FocusFlowAI regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

15.2 Severability

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 the Terms will continue in full force and effect.

15.3 Waiver

No waiver by FocusFlowAI of any term or condition set out 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 FocusFlowAI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 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 assign or transfer these Terms, at our sole discretion, without restriction.

15.5 Force Majeure

FocusFlowAI shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the reasonable control of FocusFlowAI, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

16. Contact Information

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