Terms and Conditions

Please read these Terms and Conditions (“Terms and Conditions”) and Privacy Policy carefully before using Focus Bear ("App"). Your access to this App is conditioned upon your acceptance of and compliance with these Terms and Conditions and the Privacy Policy. These Terms and Conditions apply to all visitors, users and others who access or use this App. By using this App, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not use this App.

1.    GENERAL

a.    Thank you for using Focus Bear. Focus Bear is a productivity app which bans social media and limits the use of screen time. To know more about Focus Bear, please check the "About" section of our website.

b.    Please note that these Terms and Conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these Terms and Conditions or your use of the App will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.  

c.     By accepting this Agreement, you affirm that you are a major and legally competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are a minor in your jurisdiction, you can use this App only with the consent of your parents or legal guardian (s).

d.    By agreeing to these Terms and Conditions, you agree to the processing and storage of your personal information in accordance with our Privacy policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail.  

2.    APPLICABLE TERMS

a.    You may use this App as long as you comply with these Terms and Conditions, our Privacy Policy, and the applicable law.  

b.    These Terms and Conditions constitute the whole agreement between us for the purposes of accessing this App. At certain places, you may be asked to agree to additional Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall prevail.

3.    REGISTRATION AND SUBSCRIPTIONS

a.     You may subscribe to the App by paying a monthly fee.

b.    To become a registered user of this App, you may be required to submit personal information such as your first name, last name, gender, date of birth, and email address. We handle and use your personal information in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand how do we handle your personal information.    

c.      You are solely responsible for maintaining the confidentiality of your account. You must keep your password confidential at all times by restricting access to your device. We will not be held responsible if someone hacks into your account or steals your personal information.

d.    You can use one account across all your devices.

e.    Your account is not transferable and therefore you agree not to sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.  

4.    PAYMENTS

a.    In order to become a registered user of this App, you authorise us to charge your credit card, debit card, or any other payment method opted by you.  

b.    Once you opt to become a registered user of this App, you can cancel your account anytime but we will not be issuing any refunds.

c.     We reserve the right to change the subscription plan of this App at any time and in any manner. We will try our best to give you notice about such change.

5.    PROHIBITIONS AND RESTRICTIONS

Your use of the App is contingent upon the following:

a.    You agree to use the App in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of this App. Such acts could include uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.  

b.    You agree not to access the App in an unauthorised manner.

c.     You agree not to impersonate any person while using this App and conduct yourself in an offensive manner.

d.    You agree not to use the App for any illegal purposes including but not limited to unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes.

6.    INTELLECTUAL PROPERTY RIGHTS

a.    All content related to this App is owned by Focus Bear Pty Ltd (or our affiliates and/or third party licensors, where applicable) .You agree that you cannot use this material without our explicit authorisation.

b.    This audio and video content available on this App is solely for your personal use. You are prohibited from using this audio and video content for commercial purposes unless without written authorisation. You may write to us at team@focusbear.io for seeking our consent to use content available on our App for commercial purposes.

c.     We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.  

d.    You undertake not to do anything on this App which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorisation. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.

e.    This App may allow users to submit content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote the App. You grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate and create derivative works of such user generated content.  This license also grants us the right to sublicense the user generated content to other users so that they are able to use this content from time to time.

f.      The Focus Bear logo, and all other Focus Bear’s product or service marks are trademarks of Focus Bear Pty Ltd. All intellectual property, trademarks, logos, images, graphics, and other content displayed on this App is owned by Focus Bear Pty Ltd. You are prohibited from using, altering, removing or copying such material including Focus Bear Pty Ltd’s logo, brand, or service mark.  

7.    DISCLAIMERS

a.    We have created this App after considerable time and effort. While we have undertaken best efforts to ensure the quality of the App, we will not be held liable if the App does not produce the desired result or if your productivity does not improve after using this App.

b.    Focus Bear is a productivity app. We are not a time management coaching or a consulting service. This App should not be considered as a substitute for a time management coach.

c.     We do not claim that this App will improve your productivity or that you will be able to reduce your screen time.

d.    Any productivity related tips are provided simply for your convenience irrespective of whether the information is provided by us or by an outside provider.

e.    If you are not satisfied with this App or if you encounter any technical difficulties while using this App, please contact us at team@focusbear.io. We will undertake best efforts to rectify the error (s) as soon as possible.

8.    CANCELLATION, SUSPENSION AND TERMINATION  

a.    You may cancel your subscription plan at any time though we will not be processing any refunds.

b.    We may suspend or terminate your account if you commit a fraud or breach these Terms and Conditions. Such termination or suspension may be immediate and without notice. If you want to appeal such suspension or termination, you can write to us at: team@focusbear.io.

9.    LINKS TO OTHER APPS & WEBSITES

a.    We may provide links to other Apps, websites or services for informational purposes. Any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those Apps, websites or services. We will not be held liable if the following occurs on these third party apps or websites: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those apps or websites.

b.    We will not be held responsible for any damage, loss, or offense caused on these third-party websites or apps.  

c.     You must not link to our App in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our App. If you wish to establish a link to our App or enter into a commercial partnership with us, please send us an email on: team@focusbear.io

10. WARRANTIES

By registering as a user of this App, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of the App does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

11. GUARANTEE ON AVAILABILITY

a.    Our ability to provide this App to you depends upon several factors including but not limited to technical reasons, business reasons, access reasons, regulatory restrictions. Therefore, we do not guarantee that the App will be available at all times or in perpetuity.  

b.    Your access to the App may be occasionally restricted to allow for updates, maintenance or the introduction of new features or services.  We will restore the services available on this App as soon as is reasonably possible in the circumstance (s) of the case.

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12. LIMITATION OF LIABILITY

a.    Under no circumstance shall Focus Bear Pty Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this App, whether such liability is under contract, tort or otherwise.

b.    Under no circumstance shall Focus Bear Pty Ltd including its officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this App.

13. ASSIGNMENT

a.    We may transfer our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it.

b.    You may not transfer your rights or obligations under these Terms and Conditions to anyone else as they are personal to you.

14. INDEMNIFICATION

You agree to indemnify us to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

15. SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

16. VARIATION OF TERMS

We may reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to keep yourself updated about recent changes.  

17. WAIVER

If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute as a waiver of that right or any other rights under these Terms and Conditions.  

18. DISPUTE RESOLUTION

Please read these paragraphs carefully as they require you to resolve any disputes in good faith with us. It also limits your ability to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.

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a.    If you have any question, complaint or concern (s) regarding these Terms and Conditions or this App, you can contact us at team@focusbear.io

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b.    In the event of any dispute or claim arising under these Terms, you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If the matter remains unresolved for sixty days after notification (via email, certified mail or personal delivery) that a dispute exists, the parties will attempt to resolve the matter via mediation. The parties shall mutually agree to appoint a mediator.

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c.     The mediator will have the exclusive authority to determine the rights and liabilities of both the parties to the mediation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the mediator is final and binding upon both the parties.

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d.    Except as required by law, you waive any constitutional or statutory rights to go to court and have a trial in front of a judge or jury. Rather, you agree to resolve any disputes by mediation.  

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e.    You waive your rights to a jury trial unless required by law.  

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f.      You agree to bring any claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or consolidated action.  

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19. ENTIRE AGREEMENT

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this App, and supersedes all prior agreements and understandings with respect to the same.

20. CHOICE OF LAW  

These Terms and Conditions are governed by the laws of Australia.

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21. NOTICES & COMMUNICATION

a.    These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.

b.    These Terms and Conditions are effective from 1^st July 2022. If you have any questions related to these Terms and Conditions or about this App, please contact us at team@focusbear.io

These Terms and Conditions are effective and were last updated on 1^st July 2022.

Focus Bear Pty Ltd is located in Australia.