Last Updated: December 7, 2023
Focus Tracker (“Focus Tracker”) welcomes you to its online website (available through the focustrackerapp.com domain name (the "Site")) and its MacOS application named “Focus Tracker” (the “App”). Focus Tracker is pleased to provide You with access to the Site, related data, Focus Tracker’s proprietary software, and content and related documentation and information through the App in connection with certain services provided by the App (collectively the “Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE AND/OR SERVICES.
BY VISITING THE SITE, DOWNLOADING, ACCESSING OR USING ANY PART OF THE SITE OR THE APP, YOU (THE TERMS “YOU”, “YOUR”, AND “YOURS” SHALL REFER TO ANY AND ALL USERS OF THE SITE AND/OR APP (THE “USER”)) EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY (A) THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"), AND (B) FOCUS TRACKER'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://focustrackerapp.com/privacy-policy (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR THE PRIVACY POLICY, YOU DO NOT HAVE FOCUS TRACKER’S AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE OR APP. FOCUS TRACKER MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SITE OR THE APP SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Service Terms and Limitations
1.1 Proprietary Rights.
The entire contents displayed on the Site and App (the “Content”) have copyrighted protection. Focus Tracker is the sole exclusive owner of the Content. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the Site only for non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App.
1.2 Grant of Limited License
Your access to the Services is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an Account, Focus Tracker hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services, the App, and the Site. All the Content that is made available to view and/or download in connection with the Site and the App is owned by Focus Tracker and is licensed, not sold.
1.3 Use of the App
(a) General. Your use of the App is conditioned upon Your acceptance of these terms. The App contains proprietary materials of Focus Tracker. In order to protect those proprietary materials, except as expressly permitted by applicable law, You will not: (i) decompile, disassemble or reverse engineer the App; (ii) modify or create derivative works of the App; (iii) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the App or provide its functionality, in whole or in part, over the Internet or other network; (v) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (vi) use components of the App to run applications not running on the App.
1.4 User Representations
You represent and warrant to Focus Tracker that you will (a) maintain the security, confidentiality and integrity of all messages and the content that you transmit through or store on the Services or the App; (b) comply with the terms set forth herein; (c) comply with all applicable laws, statutes, ordinances, rules, regulations regarding your use of the Services or the App.
1.5 User’s Restrictions
You are not permitted, directly or indirectly, to engage in any acts inconsistent with the principles of copyright protection and fair use, or to distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part.
2. General Disclaimers
2.1 General Disclaimer
THE SITE AND THE APP ARE PROVIDED BY FOCUS TRACKER ON AN "AS IS" BASIS. FOCUS TRACKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. FOCUS TRACKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.2 Links to Third Party Services
The Site and/or App may contain links to third party websites and services. You agree that access to any other Internet Site linked to the Site and/or App is done at your own risk and Focus Tracker is not responsible for the accuracy, availability or reliability of any of these third party websites and services.
3. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FOCUS TRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR ACCOUNT.
4. Waiver and Release
YOU AGREE THAT NEITHER FOCUS TRACKER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FOCUS TRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT.
5. Liability Limitation
FOCUS TRACKER WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED.
6. Subscription and Free Trial Terms
Focus Tracker offers a subscription-based service with an initial free trial period. By subscribing to the service, you acknowledge and agree that the subscription will automatically renew at the end of the free trial period unless you cancel it prior to the conclusion of that period. If you do not cancel the subscription during the free trial, you authorize Focus Tracker to charge the subscription fee to your payment method as registered in the Apple Store. The subscription and renewal charges will be made in accordance with the prevailing pricing and payment terms as indicated in the App and in accordance with Apple Store policies. It is your responsibility to be aware of and manage your subscription and payment options within your Apple Store account settings. Focus Tracker adheres to Apple Store's policies regarding subscriptions, renewals, and cancellations. For more information or assistance with managing your subscription, please refer to the Apple Store's support resources.
7. Privacy Rights
Focus Tracker is committed to protecting your privacy and the information that Focus Tracker gathers. For Focus Tracker’s complete policy on privacy, please visit and review Focus Tracker’s Privacy Policy at https://focustrackerapp.com/privacy-policy.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Kosovo. Any legal action or proceeding between Focus Tracker and you concerning this Agreement shall be brought exclusively in a court of competent jurisdiction in Kosovo.