Terms of Use

Effective Date: January 15, 2025

These Terms of Use ("Terms") govern your access to and use of the FocusFlame mobile application (the "App") operated by FocusFlame ("we," "us," or "our"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and FocusFlame. By using the App, you represent that you are at least 13 years of age and have the legal capacity to enter into this agreement. If you are under 18, you must have permission from a parent or legal guardian to use the App.

2. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device you own or control for your personal, non-commercial use. This license does not include the right to:

  • Copy, modify, distribute, sell, or lease any part of the App
  • Reverse engineer, decompile, or attempt to extract the source code of the App
  • Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.)
  • Use the App for any illegal, unauthorized, or commercial purpose

3. Acceptable Use

You agree to use the FocusFlame App responsibly and in accordance with all applicable laws and regulations. You agree not to:

  • Use the App in any way that violates local, state, national, or international law
  • Attempt to gain unauthorized access to the App, servers, or networks connected to the App
  • Interfere with or disrupt the App's functionality or servers
  • Use automated systems (bots, scrapers, etc.) to access the App
  • Transmit viruses, malware, or other harmful code

4. Subscriptions and Payments

FocusFlame offers both free and paid subscription options. All subscriptions are processed and managed by Apple through the App Store and your Apple ID. By subscribing, you agree to the following:

  • Billing: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
  • Pricing: Subscription prices are subject to change with notice. Changes apply to new subscriptions and renewals
  • Cancellation: You can cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period
  • Refunds: All refund requests must be submitted through Apple's refund process. We do not process refunds directly

For more information, please see our Refund Policy.

5. Intellectual Property Rights

All content, features, and functionality of the FocusFlame App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, and the overall design and "look and feel" of the App, are the exclusive property of FocusFlame 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 use, reproduce, modify, or distribute any content from the App without our prior written permission.

6. User-Generated Content

The App may allow you to create custom intents, goals, or other personalized content. You retain ownership of any content you create. However, by using the App, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the App's functionality. We will not share your user-generated content with third parties without your consent.

7. Disclaimer of Warranties

THE FOCUSFLAME APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the App will be uninterrupted, error-free, secure, or free from viruses or harmful components
  • Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the App

You acknowledge that your use of the App is at your sole risk. We do not guarantee that the App will meet your requirements or expectations.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOCUSFLAME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE APP EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless FocusFlame, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you submit through the App.

10. Changes to the App and Terms

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice, for any reason. We also reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms in the App with a new "Effective Date." Your continued use of the App after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

11. Termination

We reserve the right to suspend or terminate your access to the App at any time, without prior notice or liability, for any reason, including but not limited to: (a) violation of these Terms; (b) conduct that we believe is harmful to other users, us, or third parties; or (c) legal or regulatory requirements. Upon termination, your right to use the App will immediately cease. You may also terminate your use of the App at any time by deleting the App from your device.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the App shall be resolved through:

  • Informal Resolution: We encourage you to contact us first at support@focus-flame.com to resolve any disputes informally
  • Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
  • Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations

13. Apple-Specific Terms

If you access the App through the Apple App Store, you acknowledge and agree to the following:

  • These Terms are between you and FocusFlame, not Apple. Apple is not responsible for the App or its content
  • Apple has no obligation to provide maintenance or support services for the App
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation
  • Apple is not responsible for addressing any claims by you or third parties relating to the App
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in the App, constitute the entire agreement between you and FocusFlame regarding your use of the App and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

16. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Use, please contact us:

Email: support@focus-flame.com

We will respond to all inquiries as promptly as possible.

Last updated: January 15, 2025

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