Terms of Service

Last modified on 16th June 2021.

The following Terms of Service ("Terms", "Terms of Service") govern all use of our applications, SaaS software, software extensions, (collectively called "services") named Focus, a product of Design with Focus Ltd. Our services are available through our website https://designwithfocus.com as well as software that can be downloaded. Focus is a subscription-based SaaS platform that allows UI/UX/product designers and design teams to collaborate effectively and improve their workflow with targeted, in-context feedback, annotations, and discussions. These Terms of Service shall also apply to all other content and services and products available at or through our website and products. All terms on our website and products such as "we", "us", "our", "website", "products", "platform" refer to the Focus software, our website and our products. The information is available on this website to you ("user", "content creator", "member", "registered member") through these Terms of Service and conditioned on your acceptance of the terms and our policies. By visiting our website and using our software, you have engaged in our services, and you are bound by these terms and the rules of our platform. Please read these terms carefully. All the terms in our Terms of Service constitute an agreement between you and our services. These terms shall apply to you as a user, visitor, reader, or anyone else who has used our services or software, or accessed our website. If you are not in agreement with the terms provided on this page or any one of the terms, you may not access our platform in whole or in part and you also can not use any of our services.

1. Requirements

  1. Age requirement
    You must be at least 16 years old in order to use our services. If you are under 16, you do not have permission to use our services.

  2. Not barred by law
    You must otherwise not be barred by law from using a computer, the Internet, or otherwise our software for whatever reasons. This specifically includes the people who have been convicted by the court of law for the illegal use of computers.

  3. Personal information requirement for registration
    Focus is a unique piece of software that helps you collaborate effectively to improve your workflow as well as that of your team. To provide our users with the best services we may require their personal information. This personal information may include your first name, last name, email, the name of your company/organization, and potentially other information as described in our Privacy Policy. Please know that the information you provide will only be used for the stated purpose of providing our services to you and will not be sold to any third parties.

  4. Automatic information collection
    There may be some non-identifying information that will be collected automatically from the users when they use our website. To learn more about it please read our Privacy Policy.

2. Registration and verification

All users are required to be registered in order to use our platform. For the registration process, the users will be required to log in using their email addresses, and then in order to complete the verification process, the users will be required to enter a confirmation code. The code will be valid for 10 minutes, after which time a new code will have to be generated for the purpose of verification. By becoming a user and providing us with the required details, you as a user will be deemed to be in acceptance of our Terms of Service, Privacy Policy and any other policy, term, rule, or agreement available on and through our website. After verification and becoming a user of Focus you'll be able to invite other users to your team as well as add guests to projects and/or focuslets. If you are registering or subscribing as a user or member of the software, you are responsible for maintaining the security of your account. You are also fully responsible for all activities that occur under the account and any other actions taken in connection with the software and your subscription. If we provide you with account information such as a verification code, identification number and/or other information, you must keep such information confidential and secret. All account information is provided for the use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

3. Subscriptions

We offer free as well as paid subscription plans. The free plan gives the user access to all features except collaboration-related features. For example, on the free plan, project and focuslet guests will only be able to view content and will not be able to add comments or annotations. Also, on the free plan your team will include only you and no other team members can be invited. In a subscription-based plan, we offer monthly and annual subscriptions for our services which will be based on the number of team members. After signing up for an account, a 30 day trial period of the paid plan will begin and the user can upgrade to the paid plan at any time. The subscription date will start at the time of purchase. The user will be charged either once a year or on a monthly basis for our services. If you subscribe to our yearly plan you will be charged once a year on the subscription date and in the case of the monthly subscription you will be charged every month on the subscription date. The subscription date will begin from the date you first became a subscriber to any of our plans. You can opt-out at any time by canceling your subscription before the subscription date and you will not be charged for the next subscription, however, your subscription will remain active until the end of its current billing cycle. Plans can be upgraded and downgraded at any time and will be prorated but no refunds will be issued.

3.1 Authority Of Focus

  1. No refunds
    We do not offer any refunds. All users have the right to cancel their subscriptions at any time and their plan will remain active until the end of the current billing cycle and after that, the subscription will be canceled.

  2. Payment processing problems
    If there is an issue with processing subscription charges, the subscribed team will be "frozen". The team will remain this way until the issue is resolved and the payment has been successfully processed.

  3. Breach of any rules
    If we find that anyone is breaking any rules or in any other case of suspicious behavior, we reserve the right to withdraw access to your account without notice for any actual or suspected breach of these terms or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.

4. Conditions of using our products and grounds of termination

By using any of our products, you agree that:

  1. You must not reproduce, duplicate, copy or resell any part of our software and website or any content from our apps and website, save and except to the extent expressly permitted in these Terms of Service.

  2. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our software or website or any part of it, our systems, any of our hardware or equipment, or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

  3. You must use our services for lawful purposes only and in accordance with these Terms and Policies.

  4. You must not use the platform for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national, or international.

  5. You will not conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with, or market to anyone any goods, services, or business not authorized by us.

  6. You must not act in any way or for any purpose that breaches these Terms of Service or any of the documents these Terms refer to.

Please note that failure to comply with any of the above rules, terms, and conditions may result in an immediate ban, termination of your account, and cancellation of your subscription with no refund issued.

5. Conduct and authority of our platform

Without limiting any of those representations or warranties, Design with Focus Ltd has the right to do the following without giving any notice.

  1. Refuse or remove any user's account and subscription, that in our reasonable opinion, violates any of the terms or any policy, or is in any way harmful or objectionable.
  2. Terminate or deny access to and use of the services to any individual or entity for any reason.

Breach of any of the rules described in these terms or any specific agreement on and thorough our website will result in an immediate ban without any warning. Making business deals on behalf of Design with Focus Ltd is prohibited unless expressly approved by us in writing. In any case, the CEO, affiliates, or anyone related to Design with Focus Ltd will not be held responsible if anyone without authorization from us deals with anyone.

6. Intellectual property and grant of rights

The source code, logos, words, design, videos, samples, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through our software and website is our property and is protected by international intellectual property laws.

If you have downloaded or used our website, services, programs, products, or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict.

7. Disclaimer of warranties

The information provided through our services, products and website is being provided "as is". Our owners, staff, and affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors make any warranty that the website or our software will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website and other relevant channels at your own discretion and risk.

Certain content, products, and services available via our service may include materials from third parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. Limitation of liability

In no event will the owners, staff, or affiliates be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for anything that a user might do, write or say on the software or website. We are not responsible for third parties that may cause damage to you. Thereby, in no case shall the owners, staff, team members, officers, employees, affiliates, agents, contractors, interns, service providers or licensors of Design with Focus Ltd be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend and hold Focus, the company "Design with Focus Ltd", its CEO, owners, staff, team members, officers, employees, affiliates, agents, contractors, interns, service providers or licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

11. Changes

We reserve the right, at our sole discretion, to modify or replace any part of these terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website and usage of products and software following the posting of any changes to these terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the rules of these Terms of Service.

12. Entire Document

These Terms of Service, and any documents referred to herein, set out the terms on which you are permitted to use our website and services. By using our website, our software, our products, and our services, you agree to be bound by, and to comply with, these Terms.

13. Contact

If you have any comments, questions, feedback, or suggestions you can do so by contacting us at [email protected].