Terms of Service

FindFocus by Martin Boeddeker is a registered German business (hereafter "FindFocus," "we," or "us") that is the creator and provider of the website FindFocus.net (https://findfocus.net) and the FindFocus Website & Distraction Blocker for Mac and Windows. By using online and offline products and services (collectively, "the Service"), provided by FindFocus you agree to be bound by the following Terms of Service ("TOS"). The TOS may be updated by us from time to time without notice. You can review the most current version of the TOS at any time at: https://findfocus.net/tos.

Use of the service
In consideration of your use of the Service, you represent and warrant that (i) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Germany or any other applicable jurisdiction and (ii) your use of the Service does not violate any applicable law or regulation. Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein in its entirety. For more information, see our full privacy policy at https://findfocus.net/privacy-policy. You understand that through your use of the Service you consent to the collection and use (as set out in the Privacy Policy) of this information. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).

Orders and payment
When you license software from FindFocus, your license covers 2 of your devices for the operating systems and operating system levels we support. Licenses are can be life-time licences or recurring in nature, should you wish to discontinue recurring payment or cancel your subscription, you may manage your account directly from your profile. 

Technical disclosures
The software products created by FindFocus DO NOT contain any third-party software, spyware, or adware. Should you wish to remove the software, the process is transparent and simple. On Mac, drag FindFocus from the Applications folder to the trash, and expunge the trash. On Windows, use the Remove Programs feature of the Control Panel to remove the software.

Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Service. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or the country or jurisdiction in which you reside.

Indemnity
You agree to indemnify and hold FindFocus and its parent, subsidiaries, affiliates, officers, directors, shareholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of, or in connection with, (i) Content you submit, post, transmit or otherwise make available through the Service, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOS, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

Modifications to service
FindFocus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FindFocus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FindFocus or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

FindFocus grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on personally owned computers, subject to the terms and conditions of this Agreement. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FindFocus for use in accessing the Service.

Revocation rights

You can revoke your contractual statement within [14 days] (1) without indicating reasons in text form (e.g. letter, fax, e-mail) [or - if the item is delivered to you before expiry of the time limit - also by returning the item ] (2). The deadline takes effect on receipt of this notice in text form (3). Timely dispatch of revocation [or the item] is sufficient to observe the revocation deadline. Revocations are to be submitted to: (4) support@findfocus.net


Revocation consequences (5)

In the event of a valid revocation, the performance delivered by either party is to be returned and the proceeds of any utilization (e.g. interest) submitted. (6) If you cannot submit / return the received performance and benefits (e.g. utilization benefits) to us, or submit / return them only partially or in a deteriorated condition, you need to compensate us to the required extent. (7) [You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality. (8) "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance. (9) Items which can be dispatched in packages are to be returned at our [expense and] (10) risk. Items which cannot be dispatched in packages will be fetched from your premises.] (2) Payment obligations must be fulfilled within 30 days. The time limit becomes effective on dispatch of your revocation notice [or the item] (2) for you, and on its receipt for us.

Disclaimer of warranties
You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. FindFocus and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FindFocus and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives make no warranty that: (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FindFocus or through or from the service shall create any warranty not expressly stated in the TOS.

Limitation of liability
You expressly understand and agree that FindFocus and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FindFocus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Notwithstanding anything to the contrary contained herein, FindFocus maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to FindFocus for the service in the 12 months prior to the action giving rise to liability or (ii) $20.

General information
The TOS constitute the entire agreement between you and FindFocus and govern your use of the Service, superseding any prior agreements between you and FindFocus with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FindFocus services, affiliate services, third-party content or third-party software.

Affiliate Program
The FindFocus Affiliate Program rewards you for referring your friends, family, colleagues to use our distraction blocking software. After you complete the online application on the registration page, you can access your account and start sharing links/banners. Visitors can click and purchase a subscription through the links/banners and if the referral account remains in good standing past 30 days, you will be credited for the commission. FindFocus affiliates earn a standard commission rate of 25% for all referrals. We reserve the right to reverse commissions due to refunded payments and erroneous subscription crediting. All affiliates must comply with all federal, state and local regulations within your jurisdiction. This includes applicable governing marketing emails (ie CAN-SPAM Act), and all other anti-spam laws. FindFocus reserves the right to suspend or remove affiliates from our affiliate program at any time, without warning. Upon termination you agree to discontinue use of all links, logos, banners and promotional materials provided to you. Affiliates terminated due to malicious publishing tactics will also have commissions revoked and face possible omission from the Refersion network.

Notice and future changes
FindFocus may provide you with notices, including those regarding modifications to the TOS (including the Privacy Policy), by email or via the web-site. You agree to review the TOS (including the Privacy Policy) periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified TOS (and all other agreements, policies, rules and guidelines referred to herein). Unless expressly stated otherwise by FindFocus, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these TOS. The failure of FindFocus to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

Statute of limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

For questions or comments, please contact:
FindFocus by Martin Boeddeker
Am Saule 8
33184 Altenbeken
Germany
Email: support@findfocus.net

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