Last updated 1 April 2022
Focus is licensed to You (End-User) by Bitroid Inc, located in India ("Licensor"), for use only under the terms of this License Agreement.Your use of the Focus service (the “Service”) is governed by this legal agreement (the “Terms”).
By downloading the Licensed Application from Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Play Store is referred to in this License Agreement as “Services.”
The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Bitroid Inc and are not barred under any applicable laws from doing so.
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Bitroid Inc, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service ("Usage Rules"). Bitroid Inc acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the “Software”), are protected by copyright, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Don’t misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service. Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not:
a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law;
b) attempt to disable or circumvent any security mechanisms used by the Service;
c) probe, scan, or test the vulnerability of any system;
d) breach or otherwise circumvent any security or authentication measures;
e) access, tamper with, or use non-public areas of the Service;
f) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”).
If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.
Focus when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Focus is to be used on devices that operate with Google's operating system ("Android").
1. THE APPLICATION
Focus ("Licensed Application") is a piece of software created to building focus and commitment towards one's work by minimizng distractions — and customized for Android mobile devices ("Devices"). It is used to focus on one's work.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Bitroid Inc's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Bitroid Inc's prior written consent).
2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.6 Licensor reserves the right to modify the terms and conditions of licensing.
2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENT
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. ABOUT THE SOFTWARE
The Software which you use may from time to time automatically download and install updates from the Play Store depending on your preferences. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Bitroid may deliver such updates to you as part of your use of the Service and you shall receive and install them as required
Bitroid gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Bitroid as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.
5. MAINTAINANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store Overview for this Licensed Application.
5.2 Bitroid Inc and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. USE OF DATA
Bitroid takes your privacy very seriously. For more information on what data is being collected by using the Service, please read our Privacy Policy. By using the Service, you agree to our Privacy Policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Bitroid Inc's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify Bitroid Inc about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of three (3) days after discovery.
8.4 If we confirm that the Licensed Application is defective, Bitroid Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Bitroid Inc and the End-User acknowledge that Bitroid Inc, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties
11. CONTACT INFORAMTION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Bitroid Inc
India
bitroid.dev@gmail.com
12. TERMINATION
The license is valid until terminated by Bitroid Inc or by You. Your rights under this license will terminate automatically and without notice from Bitroid Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether.
You can stop using the Service at any time, although we would be sorry to see you go. Bitroid may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Bitroid Inc represents and warrants that Bitroid Inc will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Google's subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Bitroid Inc and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Bitroid Inc, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This License Agreement is governed by the laws of India excluding its conflicts of law rules.
16. IN-APP SUBSCRIPTION
You can chose to upgrade to Focus Premium from within the app via In-App-Purchase. The purchase will be applied to your Google play account on confirmation. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel the subscription anytime with your Google play account settings or "Manage subscription" option in app settings. For more information, see this Terms Of Use and our Privacy Policy.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.