Please read these “Terms of Service” carefully before using the Focal Software services and/or Focal Software website operated by Focal Software (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Permission is granted to temporarily download one copy of the materials on Focal Software’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This will let Focal Software to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator
All services are billed on a
subscription basis (“Subscription(s)”) except the free trial period.
You will be billed in advance on a recurring and periodic basis (“Billing
Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your
Subscription will automatically renew under the exact same conditions unless
you cancel it or Focal Software cancels it. You may cancel your Subscription at
anytime from your account settings page on Focal Software.
A valid payment method is required to
process the payment for your Subscription. You shall provide accurate and
complete billing information and valid payment method information. By
submitting such payment information, you automatically authorize Focal Software
to charge all Subscription fees incurred through your account to any such
Free Software Trial
Focal Software may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). At any time and without notice, Focal Software reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Focal Software, in its sole discretion
and at any time, may modify the Subscription fees for the Subscriptions. Any
Subscription fee change will become effective at the end of the then-current
Billing Cycle. Focal Software will provide you with a reasonable prior notice
of any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service
after the Subscription fee change comes into effect constitutes your agreement
to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us,
you must provide us information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which may result in
immediate termination of your account on our Service.
You are responsible for safeguarding
the password that you use to access the Service and for any activities or
actions under your password, whether your password is with our Service or a
You agree not to disclose your
password to any third party. You must notify us immediately upon becoming aware
of any breach of security or unauthorized use of your account.
You may not use as a username the name
of another person or entity or that is not lawfully available for use, a name
or trademark that is subject to any rights of another person or entity other
than you without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene. You expressly agree that we cannot be held liable
for any loss or damage arising out of any misrepresentations you make in this
You agree not to attempt to hack,
reverse engineer or damage Focal Software or any of the services Focal Software
offers in any way.
The Service and its original content, features and functionality are and will remain the exclusive property of Focal Software and its licensors.
Connecting to Marketplace(s)
Our Service connects to Marketplace(s) services that are not owned or controlled by Focal Software.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Focal Software and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Focal Software, nor its principals, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Focal Software is in no way affiliated or connected with Marketplace(s). By using www.getfocalsoft.com, you agree that Focal Software holds no responsibility for any losses or liabilities incurred, including the imposition of restrictions, penalties by Marketplace(s).
All the materials on Focal Software’s Website are provided “as is”. Focal Software makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Focal Software does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Focal Software its principals,
subsidiaries, affiliates, and its licensors do not warrant that a) the Service
will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the Service
will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions.
You are responsible for making sure you and your use of Focal Software are in compliance with any local laws and the laws of the country you are accessing and/or using the services in and/or from. The use of Focal Software is not intended for engaging in spam or harassing behavior. You agree not to use Focal Software to engage in a spamming behavior. Do not use this service for any illegal activities or for offering or facilitating any illegal activities.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Focal Software reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Focal Software or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Focal Software’s Website, even if Focal Software or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
The materials appearing on Focal Software’s Website may include technical, typographical, or photographic errors. Focal Software will not promise that any of the materials in this Website are accurate, complete, or current. Focal Software may change the materials contained on its Website at any time without notice. Focal Software does not make any commitment to update the materials.
Focal Software has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Focal Software of the site. The use of any linked website is at the user’s own risk.
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