Terms of Use

Updated: October 21, 2024

These Terms of Use set forth the agreement between Focus Guru (“Focus Guru”, or “we”) and each user (“you”) governing the access to and use of any website or application owned and/or operated by Focus Guru (collectively, “Site”). Please read this agreement carefully before using this Site. By using this Site, you signify your acceptance to these Terms of Use (“Terms”). If you do not agree to the terms and conditions contained in these Terms, you may not access or otherwise use this Site.

Intellectual Property Ownership

All intellectual property, data, content or other materials on the Site including, but not limited to, all trademarks, trade names, logos, product names, design marks, slogans, design, text, graphics, sound, software, code and other content, and the selection and arrangement thereof, are the property of Focus Guru or its licensors, and are protected by United States and international law. Focus Guru and its licensors expressly reserve all intellectual property rights in all materials on the Site. No license is granted to you in connection with such materials contained on the Site other than expressly provided in these Terms of Use. Any use of materials on this Site, including without limitation reproduction, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Focus Guru is strictly prohibited.

Usage of Site

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

Communications

By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us (see the contact information at the bottom of the page).

Purchases

If you wish to purchase any product or service made available through Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Taxes. Your purchase fees are inclusive of all taxes unless otherwise specified in an agreement with Focus Guru, within the Site or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your purchase charge.

Full Unlimited Access to focusguru.app

By purchasing full unlimited access to focusguru.app, you are granted perpetual access to the product's premium features with no recurring fees. This access is intended to allow continuous use of the Focus Guru platform for as long as the service is operational. However, the following terms and conditions apply:

1. Scope of access. Full unlimited access grants users ongoing access to all current and future premium features of focusguru.app for the lifetime of the product. This access is strictly tied to the duration of Focus Guru's availability as a service and does not imply a guarantee of perpetual availability.
2. No guarantee of service continuation. While Focus Guru aims to provide long-term access, users acknowledge that the availability of the platform may be subject to external factors beyond the company's control. These factors may include, but are not limited to, legal or regulatory restrictions, economic challenges, changes in ownership, or other unforeseen events. In such cases, Focus Guru may be unable to continue providing access to the service, and no refunds will be issued for the full unlimited access fee.
3. Voluntary service discontinuation. If Focus Guru or its parent company decides to voluntarily discontinue the product, users with full unlimited access will receive a minimum of six (6) months' advance notice. During this six-month period, users will continue to have full access to the platform, and will be given the opportunity to export any personal data or progress accumulated within the app. After this notice period, Focus Guru will no longer be available, and all access to the platform will be ceased.
4. External circumstances. In the event of external circumstances beyond the control of Focus Guru, such as force majeure events, bankruptcy, or other unavoidable disruptions, Focus Guru may be unable to provide ongoing access to the service. In such situations, Focus Guru will not be held liable for the loss of access, and no refunds will be provided.
5. Notification of changes. Any changes regarding the availability of focusguru.app, including voluntary shutdown or significant interruptions in service, will be communicated via the email address associated with your account. Users are responsible for keeping their contact information up-to-date to receive these notices.
6. Limitations of liability. Focus Guru is not responsible for any losses or damages that may result from the discontinuation of the platform, whether due to external factors or voluntary closure, as described in sections 2 and 3. Focus Guru's liability in the event of voluntary shutdown is limited to providing the six-month notification period, during which users can continue to access their data and the platform.

Major Version Upgrades

1. Access to existing version. Users who have purchased full unlimited access to focusguru.app will retain complete and uninterrupted access to the specific version of the product that was available at the time of their purchase (“the Existing Version”). This right to use the Existing Version includes all features, functionality, and services that were part of the product as of the date of purchase, and it will continue for as long as focusguru.app remains operational in accordance with the terms set forth in the "Full Unlimited Access to focusguru.app" clause.
2. Introduction of a major version upgrade. From time to time, Focus Guru may release a major new version of the product (“Major Version Upgrade”). A Major Version Upgrade is defined as a significant update or re-release of Focus Guru that introduces new features, functionalities, or substantial modifications to the user interface or architecture, which are distinct from routine updates, patches, or minor enhancements to the Existing Version.
3. Separate purchase for access to major version upgrades. Access to a Major Version Upgrade is not included in the full unlimited access to the Existing Version. Users who wish to utilize a Major Version Upgrade must purchase a separate license granting them full unlimited access to the new version. The pricing for access to the Major Version Upgrade will be specified at the time of release and will be subject to the terms and conditions applicable to that version.
4. Retention of access to the existing version. Users who choose not to upgrade to a Major Version Upgrade will continue to have full access to the Existing Version for as long as it remains supported and operational. Focus Guru will make reasonable efforts to maintain the Existing Version, including the provision of routine updates, bug fixes, and minor improvements where applicable. However, users acknowledge that the Existing Version may not receive new features or significant updates introduced in the Major Version Upgrade.
5. End of support for existing version. While Focus Guru will endeavor to maintain the functionality of the Existing Version, the company reserves the right to discontinue support for the Existing Version at any point after a reasonable period, following the release of a Major Version Upgrade. In the event that Focus Guru decides to end support for the Existing Version, users will receive a minimum of six (6) months' notice prior to any planned discontinuation. During this notice period, users will retain full access to the Existing Version and will have the opportunity to export any data or transition to the Major Version Upgrade.
6. Notification of major version release. Upon the release of a Major Version Upgrade, Focus Guru will notify all users with full unlimited access to the Existing Version via email. This notification will include details about the new features and functionalities introduced in the Major Version Upgrade, as well as information on how to purchase unlimited access to the new version, if desired.
7. No obligation to upgrade. Users are under no obligation to upgrade to a Major Version Upgrade and may continue to use the Existing Version for as long as it is available and supported. However, users acknowledge that Focus Guru may offer new features, improvements, or functionalities exclusively in the Major Version Upgrade that will not be backward-compatible or made available in the Existing Version.
8. Limitation of liability. Focus Guru will not be held liable for any losses or disruptions experienced by users who choose not to upgrade to a Major Version Upgrade. Users accept that by remaining on the Existing Version, they may not have access to the latest features or updates, and the functionality of the product may become outdated as the platform evolves. Focus Guru's liability is limited to providing notice of the release of the Major Version Upgrade and continuing support for the Existing Version as outlined in this clause.

Free Trial

Upon registering for Focus Guru, you will be granted a 14-day free trial, which provides you with unrestricted access to all features of the platform. This trial period is designed to allow you to evaluate how Focus Guru can enhance your productivity and workflow, with no obligation to continue using the service or make a purchase once the trial concludes.

During the trial, you will have full access to all premium features, including but not limited to Focus, Reflection, Insights, and other functionalities. At the end of the 14-day trial period, if you elect not to purchase full unlimited access to Focus Guru, your access to most features will be revoked. However, your data will be retained on our servers for a period of three (3) months following the end of the trial. During this time, you may choose to purchase full unlimited access to regain use of the premium features. Focus Guru does not guarantee the preservation of your data beyond this 3-month period, and there is no warranty as to its continued availability unless full unlimited access is purchased.

If the trial period has ended, you will have a three-month window to export any data you have stored within Focus Guru.

No payment is required during the trial period, and there is no obligation to purchase unless you choose to buy full unlimited access after the trial has expired.

Refunds

Focus Guru provides a 14-day free trial to allow users to fully assess the product and ensure it meets their expectations. Once the trial period has concluded and a purchase of full unlimited access has been made, all payments are considered final and non-refundable. Exceptions to this policy will only be made where required by applicable law. We strongly encourage users to take full advantage of the free trial period before committing to a purchase.

Pricing Changes

Focus Guru reserves the right, at its sole discretion, to modify or adjust the pricing of its products or services at any time. Any changes to pricing will be posted on our buy page and will take effect from the time of posting. Users will be charged based on the pricing in effect at the time of their purchase, and any subsequent changes to pricing will not retroactively affect previously made purchases unless otherwise specified.

Prohibited Uses

You may use Site only for lawful purposes and in accordance with Terms. You agree not to use Site:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Focus Guru, a Focus Guru employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Site, or which, as determined by us, may harm or offend Focus Guru or users of Site or expose them to liability.

Additionally, you agree not to:

1. Use Site in any manner that could disable, overburden, damage, or impair Site or interfere with any other party's use of Site, including their ability to engage in real time activities through Site.
2. Use any robot, spider, or other automatic device, process, or means to access Site for any purpose, including monitoring or copying any of the material on Site.
3. Use any manual process to monitor or copy any of the material on Site or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Site.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Site, the server on which Site is stored, or any server, computer, or database connected to Site.
7. Attack Site via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Focus Guru rating.
9. Otherwise attempt to interfere with the proper working of Site.

No Use By Minors

Site is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Focus Guru, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Site.

Disclaimer

You understand that we cannot and do not guarantee or warrant that the Site or files available on the Site will be free from corrupted data, computer viruses or other destructive or contaminating code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any site linked to it.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOCUS GURU NOR ANY PERSON ASSOCIATED WITH FOCUS GURU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER FOCUS GURU NOR ANYONE ASSOCIATED WITH FOCUS GURU REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOCUS GURU 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.

FOCUS GURU IS A PRODUCTIVITY AND FOCUS MANAGEMENT TOOL DESIGNED TO SUPPORT PERSONAL GROWTH AND ORGANIZATION OF YOUR GOALS. IT IS NOT A SUBSTITUTE FOR MEDICATION, THERAPY, OR PROFESSIONAL MEDICAL ADVICE. IF YOU ARE DEALING WITH A MEDICAL CONDITION SUCH AS ADHD OR ANY MENTAL HEALTH CONCERNS, PLEASE CONSULT WITH YOUR DOCTOR OR A LICENSED HEALTHCARE PROVIDER BEFORE USING FOCUS GURU.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FOCUS GURU, 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 SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, 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.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF FOCUS GURU AND ITS AFFILIATES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO FIFTY DOLLARS (USD $50).

You agree to indemnify, defend and hold harmless Focus Guru and its affiliates licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your violation of these Terms of Use or your use of the Site.

Unsupported countries

Focus Guru supports businesses worldwide with exception to the unsupported countries listed below.

In accordance with international sanctions regulations, as well as the policies of our banking and payments partners, including various anti-money laundering regulations, Focus Guru is unable to support customers operating from the below countries. Transactions originating from these countries will be rejected by our banking partners. Focus Guru holds the right to stop servicing, providing access to Site, or supporting customers located within the same countries or regions.

List of unsupported Countries and Regions

• Afghanistan
• Belarus
• Burma (Myanmar)
• Central African Republic
• Cuba
• Crimea (Region of Ukraine)
• Democratic Republic of Congo
• Donetsk (Region of Ukraine)
• Haiti
• Iran
• Kherson (Region of Ukraine)
• Libya
• Luhansk (Region of Ukraine)
• Mali
• Nicaragua
• North Korea
• Russia
• Somalia
• South Sudan
• Sudan
• Syria
• Venezuela
• Yemen
• Zaporizhzhia (Region of Ukraine)
• Zimbabwe

This list is subject to change. Our team may from time to time request further information before providing free or paid services, processing an order or releasing a payment from any location or jurisdiction for risk and compliance purposes.

Acceptance and Amendment

You agree to review these Terms of Use prior to your use of this Site and your use of this Site shall be deemed acceptance of and assent to these Terms of Use. Focus Guru may, in its sole discretion, amend these Terms of Use from time to time.