Terms of Use
Overview
This page explains the terms for using Fun Focus Software's (“Fun Focus Software,” “we,” or
“us”) software, website, mobile application and online services, and any other software provided
on or in connection with the Fun Focus Software services including the Software, Mobile
Software, iTunes-Sourced Software, and the Beta Software (collectively called the “Service”), so
please read these terms of use (this “Agreement”) carefully before using the Service. If you
have any questions, feel free to email us at sahand@funfocus.app.
Acceptance of the Terms of Use
Please read the Agreement carefully before using the Service. By accessing or using the Service,
you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a
registered user of our Service. If you do not agree to all the terms and conditions of this
Agreement, you shouldn’t and aren’t permitted to use the Service. This Agreement applies to all
visitors, users, and others who access the Service (“Users”). PLEASE NOTE THAT THIS AGREEMENT
CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON
AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
End User License Grant
A. Fun Focus Software Service: Subject to the terms and conditions of this Agreement, you are
hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the
Service for your personal, noncommercial use only and as permitted by the features of the
Service. Fun Focus Software reserves all rights not expressly granted herein in the Service and
the Fun Focus Software Content (as defined below). Fun Focus Software may terminate this license
at any time for any reason or no reason. We may make available software to access the Service
via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile
device that is compatible with the Mobile Service. Fun Focus Software does not warrant that the
Mobile Software will be compatible with your mobile device. Fun Focus Software hereby grants you
a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile
Software for one Fun Focus Software account on one mobile device owned or leased solely by you,
for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the
Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii)
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to
any third party or use the Mobile Software to provide time sharing or similar services for any
third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable,
damage or otherwise interfere with security-related features of the Mobile Software, features
that prevent or restrict use or copying of any content accessible through the Mobile Software,
or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright
and other proprietary rights notices on the Mobile Software. You acknowledge that Fun Focus
Software may from time to time issue upgraded versions of the Mobile Software, and may
automatically electronically upgrade the version of the Mobile Software that you are using on
your mobile device. You consent to such automatic upgrading on your mobile device, and agree
that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party
code that may be incorporated in the Mobile Software is covered by the applicable open source or
third-party license EULA, if any, authorizing use of such code. The foregoing license grant is
not a sale of the Mobile Software or any copy thereof, and Fun Focus Software or its third party
partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy
thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder,
except as expressly provided for in this Agreement, is void. Fun Focus Software reserves all
rights not expressly granted under this Agreement. If the Mobile Software is being acquired on
behalf of the United States Government, then the following provision applies. Use, duplication,
or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth
in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013©(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT
III), as applicable. The Mobile Software originates in the United States, and is subject to
United States export laws and regulations. The Mobile Software may not be exported or
re-exported to certain countries or those persons or entities prohibited from receiving exports
from the United States. In addition, the Mobile Software may be subject to the import and export
laws of other countries. You agree to comply with all United States and foreign laws related to
use of the Mobile Software and the Service.
B. Mobile Software from iTunes: The following also applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Fun Focus Software, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Fun Focus Software as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Fun Focus Software as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Fun Focus Software, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Fun Focus Software acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
C. Software Kits and Keys: We may make available computer software to be downloaded from the
Service (“Software”). Fun Focus Software does not warrant that the Software will be compatible
with your computer hardware or operating system. Fun Focus Software hereby grants you a
non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software
on one computer system owned or leased solely by you, for your personal use. You may not: (i)
modify, disassemble, decompile or reverse engineer the Software, except to the extent that such
restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the Software to any third party or use the Software to provide
time sharing or similar services for any third party; (iii) make any copies of the Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features
of the Software, features that prevent or restrict use or copying of any content accessible
through the Software, or features that enforce limitations on use of the Software; or (v) delete
the copyright and other proprietary rights notices on the Software. You acknowledge that Fun
Focus Software may from time to time issue upgraded versions of the Software, and may
automatically electronically upgrade the version of the Software that you are using on your
computer system. You consent to such automatic upgrading on your computer system, and agree that
the terms and conditions of this Agreement will apply to all such upgrades and any Software for
which the upgrade is provided. Any third-party code that may be incorporated in the Software is
covered by the applicable open source or third-party license EULA, if any, authorizing use of
such code. The foregoing license grant is not a sale of the Software or any copy thereof, and
Fun Focus Software or its third party partners or suppliers retain all right, title, and
interest in the Software (and any copy thereof). Any attempt by you to transfer any of the
rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is
void. Fun Focus Software reserves all rights not expressly granted under this Agreement. If the
Software is being acquired on behalf of the United States Government, then the following
provision applies. Use, duplication, or disclosure of the Software by the U.S. Government is
subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and
227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Software originates in the United
States, and is subject to United States export laws and regulations. The Software may not be
exported or re-exported to certain countries or those persons or entities prohibited from
receiving exports from the United States. In addition, the Software may be subject to the import
and export laws of other countries. You agree to comply with all United States and foreign laws
related to use of the Software and the Service.
D. Beta Software: We may make available Mobile Software, Software, or other software that allows you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the “Beta Software”). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta Software. The license granted by Fun Focus Software under this Agreement with respect to the Beta Software will automatically terminate upon the release of a generally commercially available version of the applicable Beta Software or will terminate as otherwise set forth in this Agreement or as determined by Fun Focus Software (“Beta Period”). For the avoidance of doubt, the license is subject to the below restrictions, and Fun Focus Software may revoke your license to the Beta Software or modify the permitted use of or suspend your access to any Beta Software at any time and for any or no reason. You acknowledge that the Beta Software, its existence, its features, its capacities, its capabilities, its thresholds, its limitations, and its mode of operation, any related materials provided by Fun Focus Software, any beta test results compiled by you, and other technical, business, product, marketing, and financial information, plans, and data relating to the Beta Software are the confidential information of Fun Focus Software (“Beta Confidential Information”). You agree (i) to hold the Beta Confidential Information in strict confidence, (ii) not to disclose any Beta Confidential Information to any third parties except as authorized by Fun Focus Software in writing, and (iii) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement including testing the Beta Software and providing feedback with respect to such Beta Software to Fun Focus Software. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to protect his, her, or its own information of a similar nature and importance. You agree promptly to notify Fun Focus Software in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by Fun Focus Software. THE BETA SOFTWARE IS NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, FOR THE AVOIDANCE OF DOUBT, Fun Focus Software IS PROVIDING THE BETA SOFTWARE TO YOU “AS IS.” Fun Focus Software MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Fun Focus Software DOES NOT WARRANT THAT THE BETA SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
E. Licenses: Certain components of the Service and Mobile Software are subject to separate
license terms, including “free” or “open source” software (“Separately Licensed Code”). As
required by the terms of the relevant Separately Licensed Code licenses, Fun Focus Software
presents the list of such products and the modifications we made to it. The components of
software referenced on this page have been provided under one or more open source licenses, and
the list is complete to the best of our knowledge. If you believe any additional products should
be provided under the applicable open source license, please contact us at sahand@funfocus.app
and provide in detail the product or code module in question. Fun Focus Software is committed to
meeting the requirements of the open source licenses including the GNU General Public License
(GPL).
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby,
including, without limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content
belonging to other Users (the “Fun Focus Software Content”), and all Intellectual Property
Rights related thereto, are the exclusive property of Fun Focus Software and its licensors
(including other Users who post User Content to the Service). Except as explicitly provided
herein, nothing in this Agreement will be deemed to create a license in or under any such
Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from any Fun Focus Software Content. Use of the Fun Focus Software Content for
any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to
or we may invite you to submit feedback, modifications, suggestions, improvements, comments,
ideas, or the like about the Service, including without limitation about how to improve the
Service or our other products (“Ideas”). You hereby grant to Fun Focus Software a world-wide,
royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in
connection with the Service and any of Fun Focus Software’s other products, technology,
services, specification or other documentation.
Paid Services
A. Billing Policies
Certain products or services offered on or through the Service may be provided for a fee or
other charge. If you elect to purchase products or services on or through the Service, or to use
paid aspects of the Service, you agree to the pricing and payment terms, as we may update them
from time to time. Fun Focus Software may add new products and services for additional fees and
charges, or amend fees and charges for existing products and services, at any time in its sole
discretion.
B. Refunds
THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE. In
addition, you may cancel your Fun Focus Software account at any time; however, there are no
refunds for cancellation. In the event that Fun Focus Software suspends or terminates your
account or this Agreement, you understand and agree that you will receive no refund or exchange
for any unused time on a subscription, any license or subscription fees for any portion of the
Service, any content or data associated with your account, or for anything else.
C. Risk of Loss
All financial transactions made in connection with the Service will be processed by a third
party in accordance with their respective terms of use, privacy policy, and/or any applicable
payment terms and conditions. In no event will Fun Focus Software be responsible for the actions
or inactions of any third party payment processor, including, but not limited to, system
downtime or payment service outages.
D. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary
transaction interaction with the Service must be accurate, complete, and current. You agree to
pay all charges incurred by users of your credit card, debit card, or other payment method used
in connection with a purchase or transaction or other monetary transaction interaction with the
Service at the prices in effect when such charges are incurred. You will pay any applicable
taxes, if any, relating to any such purchases, transactions or other monetary transaction
interactions.
Disclosure of Material Connection
Fun Focus Software may be compensated if you click on a link and purchase one or more of the
products or services recommended to you on this site or in an email, blog, or other online
posting sponsored by us. In addition, some of the endorsements made on this site, or on our
affiliates’ sites, may be made by persons who have a financial or other interest in Fun Focus
Software Company or its products or services. This disclosure is made pursuant to 16 CFR, Part
255 of the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and
Testimonials in Advertising.”
No Professional Advice
If the Service provides professional information (for example, professional referrals,
tutorials, guides, etc.), such information is for informational purposes only and should not be
construed as professional advice. No action should be taken based upon any information contained
in the Service. You should seek independent professional advice from a person who is qualified
in the applicable area.
Privacy
We care about the privacy of our Users. You understand that by using the Service you consent to
the collection, use and disclosure of your personally identifiable information and aggregate
data as set forth in our Privacy Policy, and to have your personally identifiable information
collected, used, transferred to and processed in the United States.
Security
Fun Focus Software cares about the integrity and security of your personal information. However,
we cannot guarantee that unauthorized third parties will never be able to defeat our security
measures or use your personal information for improper purposes. You acknowledge that you
provide your personal information at your own risk.
Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or
other events or activities that are not owned or controlled by Fun Focus Software. Fun Focus
Software does not endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third party website from the
Service, you do so at your own risk, and you understand that this Agreement and Fun Focus
Software’s Privacy Policy do not apply to your use of such sites. You expressly relieve Fun
Focus Software from any and all liability arising from your use of any third-party website,
service, or content. Additionally, your dealings with or participation in promotions of
advertisers found on the Service, including payment and delivery of goods, and any other terms
(such as warranties) are solely between you and such advertisers. You agree that Fun Focus
Software will not be responsible for any loss or damage of any sort relating to your dealings
with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless Fun Focus Software and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)
arising from: (i) your use of and access to the Service, including any data or content
transmitted or received by you; (ii) your violation of any term of this Agreement, including
without limitation your breach of any of the representations and warranties above; (iii) your
violation of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v)
any claim or damages that arise as a result of any of your User Content or any that is submitted
via your account; or (vi) any other party’s access and use of the Service with your unique
username, password or other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR
OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fun Focus Software OR THROUGH THE
SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,
Fun Focus Software, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT
YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. Fun
Focus Software DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Fun Focus Software SERVICE OR ANY
HYPERLINKED WEBSITE OR SERVICE, AND Fun Focus Software WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Fun Focus Software, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Fun Focus Software BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fun Focus Software ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL Fun Focus Software, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Fun Focus Software HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Fun Focus Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Fun Focus
Software makes no representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so at their own
volition and are entirely responsible for compliance with all applicable United States and local
laws and regulations, including but not limited to export and import regulations. You may not
use the Service if you are a resident of a country embargoed by the United States, or are a
foreign person or entity blocked or denied by the United States government. Unless otherwise
explicitly stated, all materials found on the Service are solely directed to individuals,
companies, or other entities located in the United States.
Arbitration and Governing Law
A. Arbitration: For any dispute you have with Fun Focus Software, you agree to first contact us
at sahand@funfocus.app and attempt to resolve the dispute with us informally. In the unlikely
event that Fun Focus Software has not been able to resolve a dispute it has with you after
attempting to do so informally, we each agree to resolve any claim, dispute, or controversy
(excluding claims for injunctive or other equitable relief) arising out of or in connection with
or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by
binding arbitration by the American Arbitration Association (“AAA”) under the Commercial
Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for
the AAA, except as provided herein. Unless you and Fun Focus Software agree otherwise, the
arbitration will be conducted in the county where you reside. Each party will be responsible for
paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The
award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees
and reasonable costs for expert and other witnesses, and any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section
will prevent either party from seeking injunctive or other equitable relief from the courts for
matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND Fun Focus Software ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
B. Governing Law: You agree that: (i) the Service will be deemed solely based in California; and
(ii) the Service will be deemed a passive host that does not give rise to personal jurisdiction
over Fun Focus Software, either specific or general, in jurisdictions other than California.
These Terms will be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree
to submit to the personal jurisdiction of a state court located in Alameda County, California or
the United States District Court for the Northern District of California, for any actions for
which either party retains the right to seek injunctive or other equitable relief, as further
described in the Arbitration provision above.
General
A. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fun Focus Software without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to the Agreement: Fun Focus Software may provide
notifications, whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, “push” mobile notification, written or hard
copy notice, or through posting of such notice on our website, as determined by Fun Focus
Software in our sole discretion. Fun Focus Software reserves the right to determine the form and
means of providing notifications to our Users, provided that you may opt out of certain means of
notification as described in this Agreement. Fun Focus Software may, in its sole discretion,
modify or update this Agreement from time to time, and so you should review this page
periodically. When we change the Agreement in a material manner, we will update the ’last
modified’ date at the bottom of this page. Your continued use of the Service after any such
change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these
terms or any future Terms of Use, do not use or access (or continue to access) the Service. Fun
Focus Software is not responsible for any automatic filtering you or your network provider may
apply to email notifications we send to the email address you provide us.
C. Entire Agreement/Severability: This Agreement, together with any amendments and any
additional agreements you may enter into with Fun Focus Software in connection with the Service,
will constitute the entire agreement between you and Fun Focus Software concerning the Service.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision will not affect the validity of the remaining provisions of this
Agreement, which will remain in full force and effect. Headings are included for convenience
only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as
used in this Agreement, the word including means including but not limited to.
D. No Waiver: No waiver of any term of this Agreement will be deemed a further or
continuing waiver of such term or any other term, and Fun Focus Software's failure to assert any
right or provision under this Agreement will not constitute a waiver of such right or provision.
Please contact us at sahand@funfocus.app with any questions regarding this Agreement.