Agreement and scope
These Terms of Service form a binding agreement between you and FocalShift AI (“FocalShift,” “we,” “us,” or “our”). By creating an account, purchasing a plan, accessing a workspace, or otherwise using the Services, you agree to these Terms and the policies incorporated into them. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
If you do not agree, do not access or use the Services.
Eligibility and accounts
You must be at least 18 years old and legally capable of entering a contract. You must provide accurate registration information, keep it current, protect account credentials, and promptly report unauthorized access. You are responsible for activity under your account and for configuring member roles and permissions within your workspaces.
You may not share credentials in a way that defeats plan limits or access controls. We may require verification of identity, authority, payment information, or account ownership.
The Services
FocalShift provides connected business tools that may include customer and lead management, project and workflow tools, publishing and communication tools, communities, courses, websites, analytics, automation, payments, artificial-intelligence features, and third-party connections. Features may vary by plan, location, device, integration availability, and product stage.
We may improve, replace, add, suspend, or discontinue features. When a change materially reduces a paid core feature, we will provide reasonable notice when practicable.
Your content and data
You retain ownership of content and data you submit, upload, connect, generate, or publish through the Services (“Customer Content”). You grant FocalShift a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, format, and otherwise use Customer Content only as needed to provide, secure, support, and improve the Services, comply with law, and enforce our agreements.
You represent that you have all rights and permissions needed for Customer Content and its intended use. You are responsible for backups and for verifying content before publication or distribution.
Acceptable use and connected services
You must comply with our Acceptable Use Policy, AI Use and Generated Content Policy, Community Guidelines, and applicable law. When you connect a third-party platform, you authorize us to exchange data and perform actions you request through that connection. Your use of a connected service remains subject to that provider’s terms and policies.
We are not responsible for third-party services, changes to their APIs, outages, enforcement decisions, or content they remove or restrict.
Plans, payments, and taxes
Paid plans renew according to the billing interval shown at checkout until canceled. You authorize us and our payment providers to charge the payment method on file for fees, taxes, and authorized purchases. Prices may change on advance notice, with changes generally applying at the next renewal.
Additional rules for subscriptions, credits, cancellation, and refunds appear in the Subscription, Billing, Cancellation, and Refund Policy. You are responsible for applicable taxes except taxes based on our net income.
Intellectual property
The Services, software, interfaces, designs, trademarks, documentation, and FocalShift-provided content are owned by FocalShift or its licensors and protected by law. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Services during your account term for lawful business purposes.
You may not copy, sell, sublicense, reverse engineer, bypass technical controls, remove proprietary notices, or use the Services to build or train a competing product except where law prohibits such restrictions. Copyright notices are handled under our Copyright and DMCA Policy.
Confidentiality and security
Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use it only for the relationship, protect it with reasonable care, and disclose it only to personnel and service providers who need it and are bound to protect it. Confidential information does not include information lawfully public, independently developed, or rightfully received without restriction.
You are responsible for secure account configuration and lawful collection of data. We maintain administrative, technical, and organizational safeguards designed to protect the Services.
Suspension and termination
You may stop using the Services or cancel a paid plan as described in the Billing Policy. We may restrict or suspend access when reasonably necessary to prevent harm, address security risk, comply with law, respond to nonpayment, or investigate material violations. We may terminate an account for material or repeated breach, unlawful conduct, fraud, or conduct that creates substantial risk to users, FocalShift, or third parties.
Upon termination, your right to use the Services ends. Provisions that by their nature should survive—including payment obligations, intellectual-property provisions, disclaimers, limitations, and dispute terms—will survive.
Disclaimers
The Services are provided “as is” and “as available.” To the maximum extent permitted by law, FocalShift disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or suitable for every legal, accounting, medical, financial, employment, or regulatory purpose.
You are responsible for professional judgment, approvals, and review of automated or AI-generated output before relying on or publishing it.
Limitation of liability
To the maximum extent permitted by law, FocalShift will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunity. FocalShift’s aggregate liability arising from the Services will not exceed the greater of one hundred U.S. dollars or the amount you paid FocalShift for the Services during the twelve months before the event giving rise to the claim.
These limitations do not apply where prohibited by law and do not limit liability that cannot lawfully be limited.
Indemnification
You will defend and indemnify FocalShift and its personnel against third-party claims, damages, and reasonable costs arising from your Customer Content, your products or services, your violation of law or these Terms, or your infringement of another person’s rights. We will provide reasonable notice and cooperation, and you may not settle a claim in a way that admits fault or imposes obligations on FocalShift without our written consent.
Disputes and governing terms
Before filing a formal claim, each party will give the other written notice and thirty days to attempt an informal resolution. The governing law and courts will be determined by the principal place of business of the FocalShift contracting entity identified on the applicable order or invoice, without regard to conflict-of-law rules. Mandatory consumer protections in your place of residence remain unaffected.
If any provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. You may not assign this agreement without our consent; FocalShift may assign it in connection with a merger, acquisition, reorganization, or sale of assets.
Changes and contact
We may update these Terms to reflect changes in law, security, or the Services. We will post the revised version and update its effective date. If a change materially affects your rights, we will provide additional notice when required.
Questions and legal notices may be submitted through FocalShift Contact.
AI, automation, credits, and connected services
AI and automation features are assistive and may route requests through supported providers or a provider connection you authorize. You are responsible for inputs, instructions, approvals, output review, and lawful use. FocalShift AI Credits are limited service-use units, not cash, stored value, deposits, or property; they are non-transferable and may expire or be adjusted as disclosed with the applicable plan or promotion.
Connected services remain governed by their own terms and may change, limit, or revoke access. Provider outages, policy decisions, or API changes may affect a connected workflow. See the AI Use and Generated Content Policy.
Commerce, sellers, and affiliates
Marketplace, seller, buyer, membership, sponsorship, affiliate, wallet, and payout activity is also governed by the Network Commerce and Marketplace Terms, Affiliate and Endorsement Policy, Prohibited and Restricted Businesses Policy, and billing terms. Transaction records identify the party responsible for a particular sale. Unless FocalShift AI is expressly identified as the seller or merchant of record, the member seller provides the offer and remains responsible for its description, delivery, licensing, taxes, refunds, and legal compliance.
Export, sanctions, and anti-corruption
You may not use the Services in violation of export-control, sanctions, anti-boycott, anti-bribery, or anti-corruption laws. You may not make or receive payments, provide benefits, or use the Platform on behalf of a prohibited person, restricted party, embargoed destination, or unlawful purpose. We may screen accounts and transactions and restrict access when required for compliance.