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TERMS & CONDITIONS

This statement reflects our ongoing efforts to make our app accessible to everyone, and it was last updated on [enter relevant date].

Effective Date: 22 May 2026

 

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the Focus App ("App"), a cognitive performance application developed and operated by [Company Name] ABN [83 689 168 054] ("we," "us," or "our"), a company incorporated in Australia.

By downloading, installing, or using the Focus App on any Apple device, including Apple Vision Pro, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

These Terms constitute a binding legal agreement between you and us. You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the App.
 

2. Subscriptions and Pricing

Access to the full functionality of the Focus App requires a paid subscription, offered on the following plans:

  • Monthly Plan: USD $60.00 per month, with a 3-day free trial for new subscribers.

  • Annual Plan: USD $600.00 per year, with a 7-day free trial for new subscribers.

Prices are displayed in US dollars (USD) and may be subject to local taxes or currency conversion depending on your region. All payments are processed through Apple In-App Purchase.
 

2.1 Free Trials

New subscribers are eligible for one free trial per Apple ID. The trial period begins on the date you initiate the subscription. You will not be charged during your trial period.

At the end of the trial period, your subscription will automatically convert to the paid plan you selected, and your payment method will be charged unless you cancel before the trial ends. We are not responsible for charges incurred if you fail to cancel before the trial expires.
 

2.2 Billing and Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled at least 24 hours before the renewal date. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

Subscription prices may change at any time. We will provide reasonable notice of any price changes. Continued use of the App after a price change constitutes acceptance of the new price.
 

2.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings (Settings > [Your Name] > Subscriptions). Cancellation takes effect at the end of the current billing period, and you will retain access to the App until that date. We do not offer refunds for partial subscription periods except where required by law.
 

2.4 Refunds

All purchases are made through Apple In-App Purchase. Refund requests must be directed to Apple in accordance with Apple's refund policies. We are unable to process refunds directly. Australian Consumer Law rights are not excluded by these Terms.
 

3. Apple Platform and Apple Vision Pro

The Focus App is distributed through the Apple App Store and is designed to operate on Apple devices, including Apple Vision Pro. The following terms apply in connection with Apple:

  • These Terms are entered into between you and us, not Apple. Apple is not responsible for the App or its content.

  • Apple has no obligation to provide maintenance or support for the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

  • Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.

  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Your use of the App must comply with the Apple Media Services Terms and Conditions and any applicable Apple usage rules.
 

4. Licence to Use the App

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on any Apple device that you own or control, solely for your personal, non-commercial use.
 

You must not:

  • Copy, modify, distribute, sell, or sublicense the App or any part of it.

  • Reverse-engineer, decompile, or disassemble the App, except as permitted by law.

  • Use the App for any unlawful or unauthorised purpose.

  • Attempt to gain unauthorised access to any systems or networks connected to the App.
     

5. User Accounts

To access the App, you must create an account using a valid email address and password. You are responsible for:

  • Maintaining the confidentiality of your account credentials.

  • All activity that occurs under your account.

  • Notifying us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms.
 

6. Data Collection and Privacy

We collect certain personal information to operate the App, including your name, email address, usage and analytics data, and payment information processed by Apple. We do not directly collect or store payment card details.

We collect and handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

Usage and analytics data is collected to improve App performance, user experience, and cognitive performance features. You may opt out of non-essential analytics through the App settings.

If you are located in the European Economic Area or the United Kingdom, our processing of your personal data is also governed by applicable data protection laws including the UK GDPR.
 

7. Intellectual Property

All intellectual property rights in the App, including its content, design, software, trademarks, and cognitive performance methodology, are owned by or licensed to us. Nothing in these Terms transfers any intellectual property rights to you.

You retain ownership of any content you input into the App. By submitting content, you grant us a limited, royalty-free licence to use it solely to provide the App services.
 

8. Disclaimer of Warranties

The App is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose or uninterrupted availability, to the maximum extent permitted by law.

The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any health condition. The cognitive performance features are for general informational and wellness purposes only. You should seek professional medical advice for any health concerns.
 

9. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law and other applicable laws, our total liability to you for any loss or damage arising from your use of the App will not exceed the amount you paid for the App in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or loss of cognitive performance outcomes.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law, including consumer guarantees that cannot be excluded.
 

10. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if you breach these Terms or for any other lawful reason. On termination, your licence to use the App ceases immediately.

You may terminate your use of the App at any time by cancelling your subscription and deleting the App from your device. Termination does not entitle you to a refund except as required by law.
 

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.

We encourage you to contact us in the first instance to resolve any dispute informally. If we cannot resolve a dispute within 30 days, either party may refer the matter to mediation or another agreed dispute resolution process before commencing court proceedings.
 

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or an in-app notification at least 30 days before the changes take effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms.
 

13. Contact Us

If you have questions about these Terms, please contact us at:

Email: support@focustheapp.com

Website: www.focustheapp.com

 

Focus App Terms and Conditions  |  Last updated 22 May 2026

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