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Terms of Service

Focus5 Terms of Service

By using the Focus5 ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Focus5, A wholly owned product of Visible Progress LLC ("Company") reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company shall not be liable for any loss or damage from your failure to comply with this security obligation or unauthorized access to your account by third parties.
  2. You are responsible for all content posted and activity that occurs with respect to, or in connection with your account (even when content is posted by others who have their own logins under your account).
  3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  4. You must provide a valid email address, and any other information requested by Focus5 in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  7. You may only access data for your own login and any other person who has explicitly given you permission to view their information.
  8. Frequent requests to the service via the API may result in the temporary or permanent suspension of your account’s access to the API. Focus5, in its sole discretion, will determine abuse or excessive usage of the API. Focus5 will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Refunds, Upgrading and Downgrading Terms

  1. The Service is offered with a free trial basis for a period of time set forth in the sign-up dialogue (the “Trial Period”), which Trial Period may be changed by Focus5 from time to time. After expiration the Trial Period, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made. Usage fees will be established by Focus5 and communicated to you from time to time. Failure to pay usage fees for the upcoming usage period will result in suspension of your account and will result in your inability to continue to use the Service.
  2. Any upgrade or downgrade in plan level will result in the new rate being charged for the next billing cycle. There will be no prorating for downgrades in between billing cycles.
  3. Downgrading your Service may cause the loss of access to data for deactivated accounts. Focus5 does not accept any liability for such loss.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes imposed on Focus5’s income or gross receipts by taxing authorities with jurisdiction over Focus5.
  5. Refunds are processed according to our refund policy.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link.
  2. All of your content will be immediately inaccessible from the Service upon cancellation. Within 90 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
  4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account (and all data relating to your Account) or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Focus5 site or the Service itself.
  3. Focus5 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law.
  2. Subject to the limited rights expressly granted hereunder, Focus5 and its licensors reserve all of its/their respective right, title and interest in and to the following (collectively, the “Focus5 Property”): (a) the Service, the website comprising the Service and its deliverables, all components of the mobile application functionality, all other software, hardware, technology, documentation and information provided by Focus5 in connection with the Service: (b) all ideas, know-how, and techniques that may be developed, conceived or invented by Focus5 during the performance of the Service; and (c) all worldwide patent, copyright, trade secret, trademark or other intellectual property rights in and to the property described in subsections (a) and (b) above. Subject to the rights granted to Focus5 below, You own and retain all right, title and interest in and to the Your data and all intellectual property rights therein.
  3. Subject to the terms of this Agreement, Focus5 hereby grants to You a non-exclusive, non-transferrable, worldwide license during the Trial Period and at all times when you are in compliance with these Terms of Service, and neither party has terminated the Service as provided herein, to access and use the Service solely for Your legitimate business purposes as contemplated hereunder.
  4. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours. You hereby grant Focus5 a perpetual, royalty-free, worldwide license to host, display and provide any content to you and third parties for purposes of your use of the Services and the Account. You agree not to upload or post any intellectual property owned by third parties other than yourself, unless you have a valid license to post such intellectual property to your Account from the third party who owns it. You agree to indemnify Focus5, together with its members, managers, officers, employees, successors and permitted assigns, from and against any claims, costs or expenses (including attorneys’ fees) incurred by any of them in connection with, arising from or relating to your posting of intellectual property (including copyrighted works) to your Account.
  5. Except as expressly permitted in herein, You shall not directly or indirectly: (a) access, use, sell, distribute, sublicense, broadcast or commercially exploit any of the Focus5 Property or any rights under this Agreement; (b) introduce any infringing, obscene, libelous, or otherwise unlawful data or material into the Service; (c) copy, modify or prepare derivative works based on Focus5 Property; (d) reverse engineer, decompile, disassemble or attempt to derive source code from any Focus5 Property; or (e) remove, obscure, or alter any intellectual property right or confidentiality notices appearing in or on any aspect of any Focus5 Property.
  6. Focus5 does not pre-screen content, but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service. You acknowledge that all content provided or made available to you by Focus5 or contractors engaged by Focus5 is the property of Focus5 or its licensees. Upon activation of your Account and payment of all applicable Account fees, you are hereby granted a license to use such Focus5 intellectual property solely for use of your Account and your receipt and benefit from the Services. Such license shall terminate upon termination of your Account.
  7. The look and feel of the Service and all content provided or made available to you by Focus5 is copyright© Focus5 All rights reserved, and is solely owned by Visible Progress LLC. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Focus5.
  8. All trademarks, services marks, trade dress and similar items are owned by Focus5. You may not use or benefit from such marks to identify source or sponsorship of any products or services.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Focus5 makes no representations or warranties of any kind or nature with respect to the Service except as expressly set forth in these Terms of Service. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES IMPLIED BY THE UNIFORM COMMERCIAL CODE OR OTHER APPLIABLE LAW ARE HEREBY EXPRESSLY DISCLAIMED.
  2. Technical support is only provided via email.
  3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service.
  5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Focus5 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, together with the policies expressly set forth on the website (see html links below) constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and Focus5 (including, but not limited to, any prior versions of the Terms of Service).
  14. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Ohio, United States of America. All disputes arising under or relating to these Terms of Service or your use of the Service shall be resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association, before a panel of three (3) arbitrators having a background over electronic commerce transactions, in Columbus, Ohio USA. The parties expressly consent to jurisdiction and venue of such tribunal and forum for disputes and waive all objections to same.
  15. Questions about the Terms of Service should be sent to support@Focus5.io.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

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