Terms and Conditions

These Terms and Conditions ("Terms") govern your use of F0cusly's AI-powered productivity application and website (the "Service") operated by Digiital PTY LTD (ABN: 48 650 151 778) ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

1. Definitions

• "Service" refers to the F0cusly application, website, and all related services
• "User" refers to anyone who accesses or uses the Service
• "Content" refers to text, images, or other materials posted on the Service
• "AI Features" refers to artificial intelligence-powered functionality within the Service

2. Acceptance of Terms

By using our Service, you confirm that:

• You are at least 16 years old
• You have the legal capacity to enter into binding contracts
• You will comply with these Terms and all applicable laws

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account by providing:

• Accurate and complete information
• A valid email address
• A secure password

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Acceptable Use

4.1 Permitted Use

You may use the Service for:

• Personal productivity and task management
• Business productivity (with appropriate subscription)
• Any lawful purpose consistent with these Terms

4.2 Prohibited Use

You must not:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Use the Service for illegal or harmful purposes
• Harass, abuse, or harm others
• Spam or send unsolicited communications
• Reverse engineer or attempt to extract source code
• Use automated systems to access the Service without permission
• Resell or redistribute the Service without authorization

5. Intellectual Property Rights

5.1 Our Property

The Service and its original content, features, and functionality are owned by F0cusly and protected by international copyright, trademark, and other intellectual property laws.

5.2 Your Content

You retain ownership of content you create using the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store and process your content
• Display your content to you
• Use your content to improve our AI features (in anonymized form)

5.3 AI-Generated Content

Content generated by our AI features:

• Is provided as-is without warranties
• Should be reviewed for accuracy before use
• May be similar to content generated for other users
• Is licensed to you for use consistent with these Terms

6. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

7. Subscription and Payment

7.1 Free Tier

We offer limited free access to the Service, which may include:

• Basic features
• Limited AI interactions
• Usage restrictions

7.2 Paid Subscriptions

Paid subscriptions:

• Are billed in advance on a recurring basis
• Automatically renew unless cancelled
• May be cancelled at any time
• Are non-refundable except as required by law

7.3 Price Changes

We reserve the right to modify prices with 30 days' notice. Continued use after price changes constitutes acceptance.

8. Disclaimers and Warranties

8.1 Service Availability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content

8.2 AI Limitations

You acknowledge that AI features:

• May produce inaccurate or inappropriate content
• Should not be relied upon for critical decisions
• Do not replace professional advice
• May be updated or modified at any time

9. Limitation of Liability

To the maximum extent permitted by law, F0cusly shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content
• Damages exceeding the amount paid by you in the past 12 months

10. Indemnification

You agree to indemnify and hold harmless F0cusly, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or activities

11. Termination

11.1 By You

You may terminate your account at any time by:

• Cancelling your subscription
• Deleting your account through account settings
• Contacting our support team

11.2 By Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• We are required to do so by law
• You engage in fraudulent activities
• Continued provision of Service becomes impractical

11.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your data after a reasonable period
• You remain liable for any outstanding payments
• Provisions that should survive will remain in effect

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of:

• UK Users: England and Wales
• US Users: State of Delaware
• Canadian Users: Province of Ontario
• Australian Users: State of New South Wales

12.2 Dispute Resolution

Any disputes shall be resolved through:

1. Good faith negotiations
2. Mediation (if negotiations fail)
3. Binding arbitration (if mediation fails)

Class actions and jury trials are waived to the extent permitted by law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification

Continued use after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and F0cusly regarding the use of the Service.

16. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

17. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

19. Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable law, including:

• UK: Rights under the Consumer Rights Act 2015
• EU: Rights under EU consumer protection laws
• Australia: Rights under Australian Consumer Law
• Canada: Rights under provincial consumer protection legislation

20. Contact Information

For questions about these Terms, please contact us at:

• Email: legal@f0cusly.app
• Website: f0cusly.app/contact

By using F0cusly, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.