Terms of Service

Last updated: April 2, 2025

Welcome! Thank you for using Focus AI!

1. Introduction

Focus AI, Inc. ("Focus AI," "we," "our," "us") provides innovative AI-powered productivity and collaboration tools, as detailed in our product documentation and release notes (collectively, the "Service"), along with our websites, including but not limited to www.focus-ai.com, blog.focus-ai.com, and community.focus-ai.com (the "Websites").

These User Terms of Service ("Terms") constitute a legally binding agreement between you and Focus AI that governs your use of our Service and Websites. These Terms apply to all users of the Service, with certain exceptions for Managed Users (as defined in Section 2). By using our Service and Websites, you confirm that you accept these Terms and have read our Privacy Statement, which is incorporated by reference.

If you disagree with any part of these Terms, please refrain from accessing or using our Service and Websites.

We may update these Terms periodically by posting a revised version on our website. For material changes, as determined by Focus AI, we'll provide reasonable notice before implementation, either via email to your registered address or through notifications within our Service and/or Websites. If you cannot comply with the updated Terms, you should discontinue using our Service and Websites. Unless specified otherwise, updated Terms become effective upon posting and apply to all subsequent use of our Service and Websites. Your continued use after updates constitutes acceptance of those changes.

2. How These Terms Apply

Users of Focus AI fall into one of these three categories:

"Site Visitors" are individuals who browse our Websites.

"Free Users" utilize the complimentary version of our Service. Free Users have access to a more limited feature set compared to Managed Users and may maintain individual workspaces or participate in free multi-user Focus AI environments.

"Managed Users" access the Service through a paid subscription purchased by an individual or organization (the "Customer") who has entered into a separate written agreement with Focus AI (the "Customer Agreement") governing the use of our Service and allowing the Customer to configure Focus AI for Managed User access.

If you are a Managed User, only the following sections of these Terms apply to you: Section 1 (Introduction), Section 2 (How These Terms Apply), and Section 6 (Acceptable Use Policy).

As a Managed User, your access to the Service comes through a Focus AI Customer. For instance, if you're joining your company's workspace, your employer is the Customer. If you're joining a workspace created by a friend using their personal email, your friend is the Focus AI Customer authorizing your access. The Customer Agreement defines our commitment to deliver the Service to that Customer, who may then invite Managed Users to their Focus AI environment. When you or other Managed Users submit content to the Service, such as messages or files ("Customer Data"), you acknowledge that, as between Focus AI and the Customer, this Customer Data is controlled by the Customer, and the Customer Agreement provides them with options and control over that data. For example, the Customer may adjust permissions, enable or disable integrations, or reorganize projects and tasks, which may affect the access, use, disclosure, modification, or deletion of Customer Data.

AS BETWEEN FOCUS AI AND CUSTOMER, YOU ACKNOWLEDGE AND AGREE THAT THE CUSTOMER BEARS SOLE RESPONSIBILITY TO: (A) INFORM YOU AND OTHER MANAGED USERS ABOUT RELEVANT CUSTOMER POLICIES AND SETTINGS THAT MIGHT AFFECT CUSTOMER DATA PROCESSING; (B) SECURE NECESSARY RIGHTS, PERMISSIONS, AND CONSENTS FROM YOU AND OTHER MANAGED USERS FOR LAWFUL USE OF CUSTOMER DATA AND SERVICE OPERATION; (C) ENSURE LAWFUL TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CUSTOMER AGREEMENT; AND (D) ADDRESS AND RESOLVE ANY DISPUTES WITH YOU OR OTHER MANAGED USERS REGARDING CUSTOMER DATA, THE SERVICE, OR THE CUSTOMER'S FAILURE TO MEET THESE OBLIGATIONS. AS A MANAGED USER, FOCUS AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) TO YOU REGARDING THE SERVICE, WHICH IS PROVIDED "AS IS" AND "AS AVAILABLE."

3. Eligibility and Scope

To use our Service and Websites, you must be at least 16 years old and legally competent to agree to these Terms. If local laws where you reside require a higher age for Focus AI to lawfully provide the Service and process your personal data without parental consent, you must meet that age requirement.

If you don't meet these requirements, or if Focus AI has previously prohibited you from accessing our Service and Websites, you may not use them.

4. Account Registration and Use

4.1 Account Registration and Confidentiality. To access our Service and certain Website features, you must create a Focus AI account with a username and password. You agree to provide accurate, complete, and current information during registration. You're responsible for maintaining the confidentiality and security of your password, and you agree not to allow others to access the Service using your account. By registering, you accept full responsibility for all activities occurring under your username and password. We may assume that any communications received through your account have been made by you. If you're a workspace or organization owner or administrator, or if you've confirmed in writing that you have authority to make decisions for a workspace or organization ("Account Administrator"), you represent that you're authorized to do so and agree that Focus AI may rely on your instructions.

4.2 Unauthorized Account Use. You must notify us at team@focus-ai.com if you become aware of any unauthorized access to your account. You understand that we may require information to confirm your identity and help secure your account. Focus AI will not be liable for any losses, damages, liability, expenses, or attorneys' fees you may incur due to someone else using your password or account, with or without your knowledge or authorization, regardless of whether you've advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and attorneys' fees incurred by Focus AI or third parties due to someone else using your account. If an Account Administrator or Customer loses access to an account or requests account information, Focus AI reserves the right to require any verification we deem necessary before restoring access or providing information.

5. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use our Service and Websites solely for your internal use (or for internal uses authorized by the applicable Account Administrator), and only in ways that comply with these Terms and all applicable laws. Focus AI may revoke this license at any time in its sole discretion.

6. Acceptable Use Policy

You agree to comply with these Terms, including the following rules regarding acceptable use of our Service and Websites (the "Acceptable Use Policy").

6.1 Disruption of the Service. You may not:

• Access, tamper with, or use non-public areas of the Service and Websites, Focus AI's computer systems, or our providers' technical delivery systems;
• Probe, scan, or test the vulnerability of any system or network, or circumvent any security measure;
• Access or search the Service and Websites by any means other than Focus AI's publicly supported interfaces (for example, "scraping"); or
• Interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure or any user, host, or network access, including by sending viruses, overloading, flooding, spamming, mail-bombing, or scripting content creation that interferes with the Service and Websites; or
• Attempt to use AI models to act in ways that violate these Terms or intentionally bypass safety filters and functionality of the Service.

6.2 Misuse of the Service and Websites. You may not use our Service and Websites to carry out, promote, or support:

• Disinformation, deception, or fraudulent activities;
• Impersonation of others or misrepresentation of affiliations (e.g., "spoofing," "phishing");
• Defamatory, libelous, or threatening activities, or hate speech, harassment, or stalking;
• Violation of laws or others' rights (including unlawful tracking, monitoring, identification, or publishing someone's confidential information without permission);
• Harm or abuse of minors, including grooming and exploitation;
• Sending unsolicited communications, promotions, advertisements, or spam;
• Publishing or sharing malicious content;
• Promoting or advertising products or services other than your own without proper authorization; or
• Developing services that compete with Focus AI.

6.3 User Content. You may not post any User Content on our Service or Websites (or otherwise use them) in ways that:

• Are deceptive, fraudulent, illegal, obscene, defamatory, disparaging, libelous, threatening, or pornographic (including child pornography, which we will remove and report to law enforcement upon discovery);
• Suggest that AI-generated content, information, or outputs are human-generated;
• Criticize others based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;
• Contain personal information of minors under age 16;
• Contain sensitive personal information as defined by applicable law (such as financial details, payment card numbers, social security numbers, or health information) without Focus AI's prior written consent as part of a Customer Agreement;
• Contain viruses, bots, worms, or similar harmful materials;
• Include information you don't have the right to share under law or contractual/fiduciary duties; or
• Could otherwise harm Focus AI or any third party.

6.4 Artificial Intelligence. If you use any AI or machine learning features provided by Focus AI (collectively, "Focus AI AI"), you agree to:

• Implement appropriate human oversight and safeguards to mitigate potential risks from your use of Focus AI AI (such as impacts on fundamental rights, health, or safety);
• Remain responsible for all decisions, advice, actions, and inactions based on your use of Focus AI AI;
• Provide information about your intended use of Focus AI AI and compliance with this Acceptable Use Policy when requested; and
• Evaluate Focus AI AI outputs for accuracy and appropriateness, recognizing the probabilistic nature of AI and its potential to produce inaccurate content.

More information on Focus AI AI features and management options can be found in our product documentation.

6.5 Acceptable Use Violations. If we reasonably believe a violation of this Acceptable Use Policy has occurred or may soon occur in a way that could disrupt our Service or Websites for Customers or other users, we may suspend or terminate your access without liability and in addition to other available remedies. Focus AI reserves the right to notify the applicable Account Administrator of such actions.

7. Proprietary Rights

Focus AI and its licensors exclusively own all intellectual property rights in the Service and Websites. You agree to follow all applicable copyright and other laws, as well as any additional copyright notices or restrictions in our Service and Websites. All present and future rights in trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights under any governmental authority's laws, including all applications and registrations relating to the Service and Websites, shall remain the sole and exclusive property of Focus AI as between you and Focus AI.

8. User Content and Feedback

8.1 User Content and Submissions on the Service. Our Service allows you to create tasks and submit information, text, files, and other materials (collectively, "User Content") and share that User Content with others. User Content submitted to the Service is subject to the following terms:

8.2 Free User Content. Free Users retain ownership of the User Content they submit to the Service ("Free User Content"). By submitting Free User Content, Free Users grant Focus AI a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content to provide the Service and as permitted by our Privacy Statement, including when required by law or to comply with legal process. We reserve the right to remove any Free User Content that violates these Terms or is otherwise objectionable in Focus AI's sole discretion.

8.3 Managed User Content on the Service. User Content submitted by Managed Users is Customer Data, owned and controlled by the Customer according to the Customer Agreement.

8.4 Feedback. Our Service and Websites may include features allowing you to submit comments, information, and other materials (collectively, "Feedback") to Focus AI and/or share such Feedback with other users or the public. If you submit Feedback, Focus AI may use it for any purpose without compensation or obligation to you. We reserve the right to remove any Feedback from our public forums for any reason at our sole discretion.

8.5 User Content and Feedback Representations. You represent and warrant that you have all required rights to submit User Content and Feedback without violating or infringing any third-party rights. You understand that Focus AI doesn't control and isn't responsible for User Content or Feedback, and by using our Service and/or Websites, you may encounter User Content or Feedback from others that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

9. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY

THE SERVICE AND WEBSITES, USER CONTENT (WHETHER PROVIDED BY FOCUS AI, ITS LICENSORS, VENDORS, OR USERS), AND OTHER INFORMATION AVAILABLE THROUGH THE SERVICE AND WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, FOCUS AI DOES NOT WARRANT THAT: (i) INFORMATION ON THE SERVICE AND WEBSITES IS ERROR-FREE; (ii) FUNCTIONS OR FEATURES (INCLUDING MECHANISMS FOR DOWNLOADING AND UPLOADING USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE SERVICE, WEBSITES, OR SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOCUS AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICE AND WEBSITES OR ANY LINKED WEBSITE, AND FOCUS AI WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. FOCUS AI WILL NOT BE LIABLE FOR ANY THIRD PARTY'S OFFENSIVE OR ILLEGAL CONDUCT. YOU VOLUNTARILY ASSUME ALL RISK OF HARM OR DAMAGE FROM THE FOREGOING. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL FOCUS AI OR ITS AFFILIATES, LICENSORS, VENDORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, DATA, OR USE, OR COSTS OF SUBSTITUTE GOODS OR SERVICES) ARISING FROM OR RELATED TO THE SERVICE AND WEBSITES, ANY MATERIALS OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED, WHETHER OR NOT FOCUS AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, STATUTE VIOLATION, OR OTHERWISE). IN ANY EVENT, OUR TOTAL LIABILITY WILL NOT EXCEED $100.

Some jurisdictions don't allow excluding certain warranties or limiting liability for incidental or consequential damages as described in section 9. Accordingly, some of these limitations may not apply to you.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FOCUS AI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THEM, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS, YOUR SUBMISSION OF USER CONTENT, AND/OR YOUR VIOLATION OF ANYONE ELSE'S RIGHTS. WE RESERVE THE RIGHT TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND YOU AGREE TO COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

11. Third-Party Links, Services and Websites

Our Service and Websites may include third-party information and content, including links to third-party websites, resources, goods, and services. Focus AI is not responsible for and will not be liable for damages or losses related to (i) content, advertising, products, or materials available from such sites or resources, (ii) availability of or errors in such websites or resources, or (iii) information handling or business practices of the operators of such sites or resources. Your interactions with third parties are governed by their own terms of service, privacy policies, and similar terms.

12. General Terms

12.1 Modifications to the Service. We reserve the right to modify or discontinue the Service and Websites (or any part) temporarily or permanently, with or without notice. You agree that Focus AI will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service and Websites.

12.2 Controlling Law. These Terms will be governed by California law, notwithstanding conflicts of law principles. However, some countries (including those in the European Union) require agreements to be governed by the consumer's local laws. This paragraph doesn't override those laws.

12.3 Initial Dispute Resolution. Most disputes can be resolved without formal proceedings. If you have an issue with us or our Service, you agree to contact us at team@focus-ai.com with a brief written description of the dispute and your contact information (including your username for account-related disputes) before taking formal action. Except for intellectual property and small claims court matters, both parties agree to make good faith efforts to resolve any dispute, claim, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit.

12.4 No Waiver. Focus AI's failure to exercise or enforce any right or remedy in these Terms doesn't waive that right or remedy. If any provision of these Terms is found invalid or unenforceable, the parties agree that courts should try to give effect to the parties' intentions as reflected in the provision, to the maximum extent permitted by law, and other provisions will remain fully effective.

12.5 Third-Party Beneficiaries. You agree that, unless expressly stated in these Terms, there shall be no third-party beneficiaries to this agreement.

12.6 Entire Agreement. These Terms (and all incorporated terms and conditions) constitute the entire agreement between you and Focus AI, superseding any prior agreements on these matters. If there's a conflict between these Terms and other referenced terms, the terms in this document prevail first; however, if there's a conflict between an applicable Customer Agreement and these Terms, the Customer Agreement prevails first, followed by these Terms, and then by referenced pages (e.g., the Privacy Statement). The Customer is responsible for notifying Managed Users of conflicts or inconsistencies, and until then, the terms here are binding.

12.7 Translations. Non-English translations of these Terms are provided solely for convenience. In case of ambiguity or conflict between translations, the English version controls.

12.8 Miscellaneous. You may not assign or delegate any rights or licenses granted under these Terms. Focus AI may assign or delegate its rights and obligations without restriction. These Terms benefit and bind the parties and their successors and permitted assigns. These Terms cannot be modified by oral statements from Focus AI representatives. No agency, partnership, joint venture, or employer-employee relationship is created by these Terms. You agree that electronic agreements between us are as legally binding as physical written agreements. If you're using the Service and Websites for or on behalf of the U.S. government, your license rights don't exceed those granted to non-government users. Section titles in these Terms are for convenience only and have no legal effect. Any provision that should naturally survive will survive termination or expiration of these Terms, including Sections 1 (Introduction), 2 (How These Terms Apply), 7 (Proprietary Rights), 8 (User Content and Feedback), 9 (Warranties, Disclaimer, and Limitation of Liability), 10 (Indemnification), and 12 (General Terms).

12.9 Notices. We may deliver notices to you by email, posting on the Service and Websites, or any other method we choose, effective upon dispatch. If you give notice to us, it's effective when received at team@focus-ai.com.

13. Questions

If you have any questions about these Terms, please contact us at team@focus-ai.com.